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39th  Congress,  >       HOUSE  OF  REPRESENTATIVES.  i  Ex.  Doc. 

1st  Session.        I  J    No.  98. 


MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 


i  • 


LETTER 

FROM 

THE  SECRETARY  OF  ¥AR. 


IN    ANSWER   TO 


A  resolution  of  the  House  of  Representatives,  of  April  16,  transmitting  the  re- 
port of  Judge  Advocate  General  Holt,  relative  to  the  murder  of  certain  Union 
soldiers  belonging  to  1st  and  2d  North  Carolina  loyal  infantry. 


May  3,  1866. — Laid  on  the  table  and  ordered  to  be  printed. 


War  Department, 
Washington  City,  May  2,  1866. 
Sir  :  In  reply  to  the  resolution  of  the  House  of  Representatives,  of  April  16, 
1S66,  directing  the  Secretary  of  War  to  communicate  the  Judge  Advocate  Gen- 
eral's report,  and  other  information,  respecting  measures  which  have  been  taken 
to  bring  to  punishment  the  murderers  of  certain  Union  soldiers  belonging  to  1st 
and  2d  regiments  of  North  Carolina  loyal  infantry,  alleged  to  have  been  tried 
and  executed  under  orders  of  the  rebel  Generals  Pickett  and  Hoke,  I  have 
the  honor  to  transmit  herewith  the  Adjutant  General's  letter  of  the  1st  instant 
on  the  subject,  covering  and  enumerating  all  the  papers  and  correspondence  on 
file  in  the  department. 

Very  respectfully,  sir,  your  obedient  servant, 

E:  M.  STANTON,  Secretary  of  War. 
Hon.  S.  Colfax, 

Speaker  qf  the  House  of  Representatives. 


Adjutant  General's  Office, 

Washington,  May  1,  1866. 
Sir  :  In  compliance  with  your  orders,  I  have  the  honor  to  submit  copies  of 
papers  called  for  by  resolution  of  the  House  of  Representatives,  dated  April 
16,  1866,  requesting  "a  report  of  the  Judge  Advocate  General,  and  such 
other  information  as  may  be  of  record  or  on  file  in  his  department,  on  the  sub- 
ject, which  will  show  what  are  the  facts  in  the  case,  and  what  steps  have  been 
taken  to  bring  to  justice  and  punishment  the  murderers  of  the  following  named 
Union  soldiers,  belonging  to  the  1st  and  2d  regiments  of  North  Carolina  loyal 
infantry,  alleged  to  have  been  tried  and  executed  by  orders  of  the  rebel  Gene- 
rals Pickett  and  Hoke,  under  the  pretext  of  their  being  deserters  from  the  con- 
federate service,  viz  :  Jesse  Summerell,  Hardy  Dougherty,  Stephen  Jones, 
David  Jones,  William  Haddock,  John  Freeman,  John  Brock,  Sergeant  Joseph 
Fulcher,  William  D.  Jones,  Charles  Cutherall, Kellum,  Mitchell  Bu- 


2      MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 

sick,  Louis  Freeman,  Joseph  Haskett,  Win.  Irvine,  Amos  Aymett,  Stephen  H 
Jones,  J.  J.  Brock." 

The  papers  herewith  are  : 

1.  Letter  of  Major  General  B.  F.  Butler  to  General  Grant,  enclosing  copy 
of  correspondence  between  Major  General  J.  J.  Peck,  United  States  volunteers, 
and  the  rebel  General  Pickett,  concerning  the  execution,  &c,  of  loyal  North 
Carolina  Union  soldiers. 

2.  Extracts  from  North  Carolina  rebel  newspapers. 

3.  Report  of  a  board  of  inquiry,  and  report  upon  the  alleged  murder  of  a  large 
number  of  United  States  soldiers  by  the  rebels  during  the  spring  of  1864,  con- 
vened at  Newbern,  North  Carolina,  October  19,  1S65. 

4.  Additional  proceedings  of  same  court. 

5.  Proceedings  of  second  board  of  inquiry  in  case  of  murder  of  Union  sol- 
diers at  Kinston,  North  Carolina,  in  1864. 

6.  Report  of  Judge  Advocate  General,  of  December  12,  1865,  on  memorial 
and  other  papers  relating  to  the  barbarous  slaying  upon  the  gallows  of  certain 
Union  soldiers  at  Kinston,  North  Carolina;  papers  hereunto  appended. 

7.  Report  of  Judge  Advocate  General  of  December  30,  1865,  to  the  Secre- 
tary of  War,  on  the  same  subject. 

8.  Letter  of  Major  General  J.  J.  Peck,  United  States  volunteers,  of  Decem- 
ber 22,  1865,  to  Judge  Advocate  General. 

9.  Letter  of  Judge  Advocate  General  of  December  30,  1865,  to  Secretary  of 
War. 

10.  Report  of  a  board  of  inquiry  convened  at  Raleigh,  North  Carolina,  Jan- 
uary 17,  1866,  in  relation  to  the  murder  of  the  United  States  soldiers  by  the 
rebels,  in  March,  April  and  May,  1S64. 

11.  Abstract  of  testimony  taken  before  the  board  of  inquiry  convened  at 
Raleigh,  North  Carolina,  January  17,  1866,  in  the  matter  of  the  murder  of  cer- 
tain United  States  soldiers,  at  Kinston,  North  Carolina,  by  the  rebels   in  1864. 

12.  Letter  of  Major  General  Thomas  H.  Ruger,  stating  that  to  enable  him  to 
complete  the  investigation  ordered  by  the  Secretary  of  War,  in  relation  to  the 
murder  of  certain  United  States  prisoners  of  war  at  Kinston,  North  Carolina, 
by  Pickett  and  Hoke,  he  desires  to  be  furnished  with  copies  of  certain  proceed- 
ings of  the  rebel  court-martial  which  tried  said  prisoners,  with  Dr.  Francis  Lie- 
ber's  indorsement  thereon,  stating  that  these  proceedings  are  not  among  the 
records  of  the  archive  office. 

The  papers  submitted  show  that  the  investigation  of  this  transaction  has  been 
continued,  under  the  commanding  general  department  of  North  Carolina,  from 
the  19th  October,  1865,  and  was  progressing  until  the  receipt  of  the  resolution 
of  April  16,  with  the  view  of  collecting  the  whole  testimony  in  proper  form,  for 
such  action  as  the  President  might  direct. 

I  am,  sir,  very  respectfully,  your  obedient  servant, 

E.  D.  TOWNSEND, 
Assistant  Adjutant  General. 
Hon.  E.  M.  Stanton,   Secretary  of  War. 


No.  1. 

Headquarters  18th  Army  Corps, 
Department  of  Virginia  and  North  Carolina, 

Fortress  Monroe,  April  14,  1864. 

General:  I  have  the  honor  to  enclose  official  copies  of  the  correspondence 
between  General  Pickett,  commanding  confederate  forces,  district  of  North  Caro- 
lina, and  General  Peck,  commanding  United  States  forces  in  said  district,  rela- 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  3 

tive  to  the  execution  of  certain  prisoners  belonging  to  the  second  North  Carolina 
regiment. 

Many  of  these  men  were  conscripted  by  the  rebels.  All  of  them  were  citizens 
of  the  United  States,  who  owed  their  allegiance  to  our  government.  If  mis- 
guided, they  forfeited  their  allegiance,  repented,  and  returned  to  it  again.  They 
have  only  done  their  duty,  and,  in  my  judgment,  are  to  be  protected  in  so  doing. 

I  do  not  recognize  any  right  in  the  rebels  to  execute  a  United  States  soldier, 
because,  either  by  force  or  fraud,  or  by  voluntary  enlistment  even,  he  has  been 
once  brought  into  their  ranks,  and  has  escaped  therefrom. 

I  suppose  all  the  rights  they  can  claim  as  belligerents  is  to  execute  one  of 
the  deserters  from  their  army  while  he  holds  simply  the  character  of  a  deserter, 
during  the  time  he  has  renounced  his  allegiance,  and  before  he  has  again  claimed 
that  protection,  and  it  has  been  accorded  to  him. 

Then,  by  no  law  of  nations,  and  by  no  belligerent  rights,  have  the  rebels  any 
power  over  him,  other  than  to  treat  him  as  a  prisoner  of  war,  if  captured. 

I  would  suggest  that  the  confederate  authorities  be  called  upon  to  say  whether 
they  adopt  this  act,  and  that  upon  their  answer  such  action  may  be  taken  as 
will  sustain  the  dignity  of  the  government,  and  give  a  promise  to  afford  protection 
to  its  citizens. 

I  have  the  honor  to  be,  general,  very  respectfully,  your  obedient  servant, 

*  B.  F.  BUTLER, 
Major  General  Commanding : 

Lieutenant  General  U.  S.  Grant, 

Commanding  United  States  Army. 

Official  copy  : 

WM.  ATWOOD, 
Assistant  Adjutant  General. 


Headquarters  Army  and  District  of  North  Carolina, 

Newbcrn,  N.  C,  February  11,  1864. 

General:  I  have  the  honor  to  enclose  a  slip  cut  from  the  Richmond  Ex- 
aminer of  February  8,  1S64.  It  is  styled  "The  Advance  on  Newbern,"  and 
appears  to  have  been  extracted  from  the  Petersburg  Register,  a  paper  published 
in  the  city  where  your  headquarters  are  located. 

Your  attention  is  particularly  invited  to  that  paragraph  which  states  "that 
Colonel  Shaw  was  shot  dead  by  a  negro  soldier  from  the  other  side  of  the  river, 
which  he  was  spanning  with  a  pontoon  bridge,  and  that  the  negro  was  watched 
and  followed,  taken  and  hanged,  after  the  action  of  Thomasville." 

"THE  ADVANCE  ON  NEWBERN. 

"The  Petersburg  Register  gives  the  following  additional  particulars  of  the 
advance  on  Newbern :  Our  army,  according  to  the  report  of  passengers  arriving 
from  Weldon,  has  fallen  back  to  a  point  sixteen  miles  west  of  Newbern. 

"The  reason  assigned  for  this  retrograde  movement  was,  that  Newbern  could 
not  be  taken  by  us  without  a  loss  on  our  part  which  would  find  no  equivalent 
in  its  capture,  as  the  place  was  stronger  than  we  anticipated.  Yet,  in  spite  of 
all  this,  we  are  sure  the  expedition  will  result  in  good  to  our  cause.  Our  forces 
are  now  in  a  situation  to  get  large  supplies  from  a  country  still  abundant,  to 
prevent  raids  on  points  westward,  and  keep  tories  in  check,  and  hang  them 
when  caught. 

"From  a  private,  who  was  one  of  the  guard  that  brought  the  batch  of  prison- 
ers through,  we  learn  that  Colonel  Shaw  was  shot  dead  by  a  negro  soldier  from 
the  other  side  of  the  river,  which  he  was  spanning  with  a  pontoon  bridge.     The 


4      MURDRR  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA 

negro  was  watched,  followed,  taken,  and  hanged  after  the  action  at  Thomasville. 
It  is  stated  that  when  our  troops  entered  Thomasville  a  number  of  the  enemy 
took  shelter  in  the  houses  and  tired  upon  them.  The  Yankees  were  ordered  to 
Surrender,  but  refused,  whereupon  our  men  set  fire  to  the  houses,  and  their  occu- 
pants got  bodily  a  taste,  in  this  world,  of  the  'flames  eternal.'" 

The  government  of  the  United  States  has  wisely  seen  fit  to  enlist  many  thou- 
sand colored  soldiers  to  aid  in  putting  down  the  revolution,  and  has  placed  them 
on  the  same  footing,  in  all  respects,  as  her  white  troops.  The  orders  of  the 
President  on  this  subject  are  so  just,  full,  and  clear,  that  I  enclose  a  copy  for 
your  information : 

[General  Orders  No.  252.] 

War  Department,  Adjutant  General's  Office, 

Washington,  July  31,  1S63. 
The  following  order  from  the  President  is  published  for  the  information  and 
government  of  all  concerned  : 

"Executive  Mansion, 
"  Washington,  I).  G,  July  20,  1S63.^ 

"  It  is  the  duty  of  every  government  to  give  protection  to  its  citizens,  of  what- 
ever class,  color  or  condition,  and  especially  to  those  organized  as  soldiers  in  the 
public  service.  The  law  of  nations  and  the  usages  and  customs  of  war,  as  car- 
ried on  by  civilized  powers,  permit  no  distinction  as  to  color  in  the  treatment  of 
prisoners  of  war  as  public  enemies.  To  sell  or  enslave  any  captured  person  on 
account  of  his  color,  and  for  no  offence  against  the  laws  of  war,  is  a  relapse  in 
barbarism,  and  a  crime  against  the  civilization  of  the  age. 

"The  government  of  the  United  States  will  give  the  same  protection  to  all 
its  soldiers;  and  if  the  enemy  shall  sell  or  enslave  any  one  because  of  his  color, 
the  offenee  shall  be  punished  by  retaliation  upon  the  enemy's  prisoners  in  our 
possession. 

"  It  is  therefore  ordered,  that  for  every  soldier  of  the  United  States  killed 
in  violation  of  the  laws  of  war,  a  rebel  soldier  shall  be  executed ;  and  for  every 
one  enslaved  by  the  enemy  or  sold  into  slavery,  a  rebel  soldier  shall  be  placed 
at  hard  labor  on  the  public  works,  and  continued  on  such  labor,  until  the  other 
shall  be  released,  and  receive  the  treatment  due  to  a  prisoner  of  war. 

"ABRAHAM  LINCOLN. 

"By  order  of  the  Secretary  of  War: 

"E.  D.  TOWNSEND, 
"  Assistant  Adjutant  General." 

Believing  that  this  atrocity  has  been  perpetrated  without  your  knowledge, 
and  that  you  will  take  prompt  steps  to  disavow  this  violation  of  the  usages  of 
war,  and  to  bring  the  offenders  to  justice,  I  shall  refrain  from  executing  a  rebel 
soldier  until  I  learn  your  action  in  the  premises. 

I  am,  very  respectfully,  your  obedient  servant, 

JOHN  J.  PECK,  Major  General. 
Major  General  Pickett, 

Dejft  of  Va.  and  N.  G,  Confederate  Army,  Petersburg. 


Headquarters  Army  and  District  of  North  Carolina, 

Newborn,  N.  G,  February  13,  1S64. 

General:  I  have  the  honor  to  enclose  a  list  of  fifty-three  soldiers  of  the 
United  States  government  who  are  supposed  to  have  fallen  into  your  hands  in 
your  late  hasty  retreat  from  befure  Newbern. 


MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA.      5 
i 

They  are  loyal  and  true  North  Corolinians,  and  duly  enlisted  in  the  2d  North 
Carolina  infantry.  I  ask  for  them  the  same  treatment,  in  all  respects,  as  you 
will  mete  out  to  other  prisoners  of  war. 

I  am,  very  respectfully,  your  ohedient  servant, 

JOHN  J.  PECK,  Major  General. 
Major  General  Pickett, 

Department  of  Virginia  and  Nortli  Carolina,  Confederate  Army. 


Headquarters  Department  of  North  Carolina, 

Petersburg,  Va.,  February  16,  1S64. 

General  :  Your  communication  of  the  11th  of  February  is  received.  I  have 
the  honor  to  state,  in  reply,  that  the  paragraph  from  a  newspaper  enclosed  therein 
is  not  only  without  foundation  in  fact,  but  so  ridiculous  that  I  should  scarcely 
have  supposed  it  worthy  of  consideration ;  but  I  would  respectfully  inform  you 
that  had  I  caught  any  negro  who  had  killed  officer,  soldier,  or  citizen  of  the 
Confederate  States,  I  should  have  caused  him  to  be  immediately  executed. 

To  your  threat  expressed  in  the  following  extract  from  your  communication, 
viz:  "Believing  that  this  atrocity  has  been  perpetrated  without  your  knowledge, 
and  that  you  will  take  prompt  steps  to  disavow  this  violation  of  the  usages  of 
war,  and  to  bring  the  offenders  to  justice,  I  shall  refrain  from  executing  a  rebel 
soldier  until  I  learn  your  action  in  the  premises,"  I  have  merely  to  say  that  I 
have  in  my  hands  and  subject  to  my  orders,  captured  in  the  recent  operations  in 
this  department,  some  450  officers  and  men  of  the  United  States  army,  and  for 
every  man  you  hang,  I  will  hang  ten  of  the  United  States  army. 
I  am,  general,  very  respectfully,  your  obedient  servant, 

G.  E.  PICKETT, 
Major  General,  Commanding. 
Major  General  John  J.  Peck, 

United  States  Army,  Commanding  at  Netcbern. 


Headquarters  Department  of  North  Carolina, 

Petersburg,  Va.,  February  17,  1864. 
General:  Your  communication  of  the  13th  instant  is  at  hand.  I  have  the 
honor  to  state,  in  reply,  that  you  have  made  a  slight  mistake  in  regard  to  numbers ; 
three  hundred  and  twenty-five  having  "  fallen  into  (our)  your  hands  in  (our) 
your  late  hasty  retreat  from  before  Newbern,"  instead  of  the  list  of  fifty-three 
Avith  which  you  so  kindly  furnished  me,  and  which  will  enable  me  to  bring  to  justice 
many  who  have  up  to  this  time  escaped  their  just  deserts. 

I  herewith  return  you  the  names  of  those  who  have  been  tried  and  convicted 
by  court-martial  for  desertion  from  the  confederate  service;  and  taken  with  arms 
in  hand,  "duly  enlisted  in  the  2d  North  Carolina  infantry,  United  States  army," 
they  have  been  duly  executed  according  to  law  and  the  custom  of  war. 

Your  letter  and  list  will,  of  course,  prevent  any  mercy  being  shown  any  of  the 
remaining  number,  should  proper  and  just  proof  be  brought  of  their  having 
deserted  the  confederate  colors. 

Many  of  these  men  plead  in  extenuation  that  they  have  been  forced  into 
the  ranks  of  the  federal  government. 

Extending  to  you  my  thanks  for  your  opportune  list, 
I  remain,  very  respectfully,  your  obedient  servant, 

G.  E.  PICKETT. 
Major  General,  Commanding. 
Major  General  John  J.  Peck, 

Commanding  U.  S.  Forces,  Newbern.  N.  C. 


6      MUEDEK  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 

List  of  prisoners  captured  before  Newbern  and  executed  at  Kinston,  North 
Caroliua,  as  deserters  from  the  confederate  army : 

David  Jones,  J.  L.  Haskett,  John  L.  Stanley,  Lewis  Bryan,  Mitchell  Busick, 
William  Irving,  Amos  Armyett,  John  J.  Beck,  William  Haddick,  Jesse 
Summerlin,  Andrew  J.  Brittian,  William  Jones,  Lewis  Freeman,  Calvin  Hoff- 
man, Stephen  Jones,  Joseph  Biock,  Lewis  Taylor,  Charles  Cuthrell,  William 
H.  Doughtry,  John  Freeman,  Elijah  Kellum,  William  J.  Hill. 


Headquarters  Army  and  District  of  North  Carolina, 

Ncivbcrn,  N.  C,  February  20,  1864. 

General  :  Soon  after  your  retreat  from  Newbern,  I  had  the  honor  to  address 
you  respecting  fifty-three  loyal  North  Carolinians  who  had  fallen  into  your 
hands.  They  having  been  duly  enlisted  into  the  2d  North  Carolina  regiment, 
I  asked  for  them  the  treatment  of  prisoners  of  war. 

Your  attention  is  called  to  the  enclosed  slip  cut  from  the  Fayetteville  Observer 
of  February  8, 1S64,  setting  forth  that  some  of  the  prisoners  taken  near  Newbern 
have  been  executed,  which  I  hope  will  prove  to  be  unfounded. 

"  Traitors  executed. — Among  the  prisoners  captured  by  our  forces  near  New- 
bern were  several  deserters  from  our  army.  We  learn  by  an  officer  just  from 
the  spot  that  two  of  these  have  already  been  executed,  and  others  are  undergoing 
trial." 

Having  reported  this  matter  to  higher  authority,  I  am  instructed  to  notify 
you,  that  if  the  members  of  the  North  Carolina  regiment  who  have  been  captured 
are  not  treated  as  prisoners  of  war,  the  strictest  retaliation  will  be  enforced. 

Two  colonels,  two  lieutenant  colonels,  two  majors,  and  two  captains  are  held 
at  Fort  Monroe  as  hostages  for  their  safety. 

These  officers  have  not  been  placed  in  close  custody,  because  the  authorities 
do  not  believe  that  any  harm  is  intended  by  you  to  the  members  of  2d  North 
Carolina  regiment. 

I  am,  very  respectfully,  your  obedient  servant, 

JOHN  J.  PECK,  Major  General. 

Major  General  Pickett, 

Confederate  Army,  Petersburg. 


Headquarters  Army  and  District  of  North  Carolina, 

Newbern,  N.   C,  February  27,  1864. 

General  :  February  13th  I  had  the  honor  to  address  you  in  respect  to  fifty- 
three  North  Carolinians  who  had  fallen  into  your  hands  in  your  late  operations 
about  Newbern.  As  they  were  truly  loyal  men,  who  had  duly  enlisted  in  the 
United  States  army,  I  requested  the  same  treatment  of  them  as  should  be  meted 
out  to  other  prisoners  of  war.  No  allusion  was  made  to  the  question  of  your 
right  to  place  these  men  upon  any  other  footing,  or  to  the  matter  of  retaliation. 

In  your  reply  of  the  17th  you  enclosed  a  list  of  twenty-two  who  have  been 
executed  at  Kinston,  and  express  the  determination  to  punish  the  balance  if 
proof  is  found  of  their  desertion  from  your  service. 

These  men,  in  common  with  more  than  half  of  the  population  of  the  State,  were 
ever  loyal  to  the  United  States,  and  opposed  secession  until  put  down  by  arbitrary 
power.  A  merciless  conscription  drove  them  into  the  service,  and  for  a  time  com- 
pelled the  suspense  of  their  real  sentiments,  but  was  powerless  to  destroy  their  love 
for  the  federal  Lmion.  With  tens  of  thousands  they  seized  the  first  opportunity 
to  rush  within  my  lines,  and  resume  their  former  allegiance.  Had  these  men 
been  traitors  to  the  United  States  at  the  outburst  of  the  rebellion,  their  claims 


MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA.      7 

upon  it  for  protection  and  sympathy,  under  the  circumstances,  would  not  have 
been  strong ;  but,  in  view  of  their  unswerving  and  unflagging  loyalty,  I  cannot 
doubt  that  the  government  will  take  immediate  steps  to  redress  these  outrages 
upon  humanity,  and  to  correct  such  gross  violations  of  usages  of  civilized  war- 
fare. In  any  event,  my  duty  has  been  performed,  and  the  blood  of  these  unfor- 
tunates will  rest  upon  you  and  your  associates. 

In  your  communication  of  the  16th  you  threaten  to  execute  ten  of  the  officers 
and  soldiers  of  the  United  States  army  for  every  one  of  your  men,  prisoners  in 
my  hands,  which  I  shall  execute  under  the  orders  of  the  President  of  the  United 
States,  which  I  enclose  for  your  information.  This  announcement,  taken  in 
connexion  with  the  execution  of  the  North  Carolinians,  and  similar  proceedings 
elsewhere,  evinces  a  most  extraordinary  thirst  for  life  and  blood  on  the  part  of 
the  confederate  authorities.  Such  violent  and  revengeful  acts  resorted  to  as  a 
show  of  strength  are  the  best  evidences  of  the  weak  and  crumbling  condition  of 
the  confederacy. 

This  wicked  rebellion  has  now  attained  that  desperate  state  which  history 
shows  is  always  the  shortest  of  revolutionary  stages.  The  friends  of  the  Union, 
everywhere,  truly  interpret  these  signs  of  madness  and  recklessness,  and  are 
now  making  one  grand  rally  for  the  utter  overthrow  and  final  extinction  of  all 
treason. 

Very  respectfully,  your  obedient  servant, 

JOHN  J.  PECK,  Major  General. 

Major  General  Geo.  E.  Pickett, 

Department  of  North  Carolina,  Confederate  Army. 

Official  copy  : 

W.  M.  ATWOOD, 

Assistant  Adjutant  General. 


Headquarters  Army  and  District  North  Carolina, 

Newbern,  N.  C,  February  9,  1S64. 
General:  A  few  days  since,  while  the  forces  under  your  command  were  in 
front  of  this  place,  I  sent  a  medical  officer  with  some  ambulances  to  the  small- 
pox hospital,  near  which  some  of  your  forces  had  arrived,  with  a  flag,  for  the 
sole  purpose  of  bringing  away  the  unfortunate  occupants  of  the  building,  as,  in 
case  of  an  attack  on  my  lines,  they  would  certainly  be  in  great  danger  of  having 
their  house  burned  over  their  heads.  Besides,  I  had  no  desire  to  see  the  loath- 
some disease  spread  among  your  own  forces,  and  it  was  proper  that  you  should 
be  put  on  your  guard  as  to  the  nature  of  the  hospital.  The  medical  officer  who 
went  on  this  humane  errand  was  instructed,  of  course,  to  explain  these  matters 
to  any  of  your  forces  that  he  might  meet,  and  he  doubtless  did  so.  He  was,  how- 
ever, seized  and  carried  away  as  a  prisoner,  with  the  ambulances  and  drivers. 

I  have  known  you  too  long  and  too  well  to  believe  that  this  could  have  been 
done  by  your  directions,  or  by  your  knowledge,  and  I  respectfully  request  you 
to  do  what  I  feel  certain  I  would  do  myself  under  the  circumstances — that  is, 
return  the  surgeon  and  the  drivers  to  me.  The  ambulances  and  horses  I  say  nothing 
of,  for  they  are  too  trifling  to  me  to  mention.  Hoping  that  you  will  see  the  im- 
propriety of  punishing  this  little  party  for  a  humane  act,  and  that  you  will  be 
willing  to  meet  me  half  way  in  these  little  amenities  of  war, 
I  remain,  very  respectfully,  your  obedient  servant, 

J.  V.  PALMER, 
Brigadier  General  U.  S.  A.,  Commanding. 
Major  General  Geo.  E.  Pickett, 

C.  S.  A.,  Commanding  in  North  Carolina. 


8      MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 

The  surgeon  is  Assistant  Surgeon  R.  S.  Baker,  19th  New  York  cavalry. 
The  drivers  are  Private  Calvin  D.  Willis,  company  K,  17th  Massachusetts  vol- 
unteers ;  Private  Henry  Taylor,  company  G,  17th  Massachusetts  volunteers  -T 
Private  Edward  Murry,  company  C,  15Sth  New  York  volunteers;  Private 
Edward  Moore,  company  E,  19th  Wisconsin  volunteers. 


Headquarters  Department  of  North  Carolina, 

February  17,  1864. 
General:  I  have  the  honor  to  acknowledge  your  very  courteous  communica- 
tion of  the  9th  instant,  in  relation  to  Surgeon  Baker,  12th  New  York  cavalry- 
The  case  was  duly  and  immediately  reported  to  me  by  Major  Read,  C.  S.  A.,  who 
took  charge  of  the  medical  officer  and  party. 

They  came  with  no  flag  of  truce,  and  therefore  could  not  be  recognized;  in 
addition,  the  surgeon,  by  his  inquiries,  conversation,  and  observation,  had  learned 
too  much  to  render  his  return  desirable.  I  fully  appreciate,  general,  your  kind 
remarks  and  remembrances  in  relation  to  myself,  but  you  are  probably  not 
aware  that  on  many  fields  of  battle  medical  officers  of  my  division  have,  when 
left  in  charge  of  wounded,  been  seized  upon  and  kept  as  prisoners  under  close 
guard.  No  one  reprobates  such  a  method  of  warfare  more  than  I  do,  but  we 
did  not  initiate  it.  I  shall  take  pleasure  in  forwarding  your  polite  communication 
to  the  proper  authorities  at  Richmond,  suggesting,  upon  your  statement,  the 
release  of  the  parties  named. 

I  am,  general,  very  respectfully,  your  obedient  servant, 

G.  E.  PICKETT, 
Major  Genera?,  Co?nmanding* 
Brigadier  General  J.  V.  Palmer,  U.  S.  A. 

Official : 

W.  A.  NICHOLS, 

Assistant  Adjutant  Genera?. 


Headquarters  Department  of  North  Carolina, 

Temporarily  at  Goldsborough,  February  17,  1864. 
General  :    I   have  the  honor  to  transmit  copies  of  letters  received  from 
Generals  Peck  and  Palmer  at  Newbern  also  my  replies  to  the  same. 

The  packages  intended  for  the  prisoners  are  forwarded,  all  having  been  first 
examined.  Two  of  the  notes  are  evidently  counterfeit;  the  letter  from  Lieu- 
tenant Kirby's  father  is  worth  perusing. 

The  surgeon  and  his  party  referred  to  were  taken  up  without  a  flag,  and  had 
obtained  too  much  information  to  be  trusted  to  return  under  any  circumstances 
at  that  time.     It  remains  with  the  department  to  examine  into  the  just  merits  in 
the  matter  of  exchanging  or  returning  them.     I  suggest  the  latter. 
I  am,  general,  very  respectfully,  you  obedient  servant, 

G.  E.  PICKETT, 
Major  General,  Commanding. 
General  S.  Cooper, 

Adjutant  and  Inspector  General,  Richmond,  Ya. 

Official : 

W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  !) 

Headquarters  Department  of  North  Carolina, 

Petersburg,  Va.,  February  26,  1S64. 
General  :  I  have  the  honor  to  enclose  copies  of  letters  from  Generals  Peck 
and  Palmer,  and  my  answers ;  likewise  my  letter  to  you  of  the  17th  instant, 
forwarding  the  same.  I  am  sorry  to  say  the  courier,  Private  J.  L.  Watkins, 
ISth  Virginia,  deserted  to  the  enemy.  He  did  not,  however,  take  any  valuable 
information.  I  send  by  Captain  Bright,  my  aide-de-camp,  the  money  to  Lieu- 
tenant Kirby,  as  it  Avill  not  do  for  this  officer  to  lose  what  was  entrusted  to  my 
charge,  I  feeling  myself  in  honor  bound.  The  clothiDg  I  have  recovered  a 
portion  of,  and  send  on. 

I  also  enclose,  general,  copy  of  letter  to-day  received  from  General  Peck.  I 
have  not  answered  it  yet ;  think  the  most  direct  way  will  be  by  next  flag-of-truce 
boat.  You  will  perceive  that  these  men  were  hung  by  sentence  of  general  court- 
martial  regularly  appointed.  If  these  colonels,  lieutenant  colonels,  and  captains, 
of  whom  he  speaks,  are  deserters  from  the  federal  army,  he  can  execute  them ; 
otherwise,  it  will  be  murder.  I  hope  the  whole  of  the  prisoners  captured  in  this 
department  will  be  held  at  my  disposal. 

The  officers  General  Peck  speaks  of  were  not  taken  here.  My  letter  of  the 
15th,  enclosing  correspondence  between  myself  and  General  Peck,  has  not  been 
answered.     I  respectfully  ask  a  reply  from  the  Secretary. 

I  am,  general,  very  respectfully,  your  obedient  servant, 

G.  E.  PICKETT, 
Major  General,  Commanding. 
General  S.  Cooper, 

Adjutant  and  Inspector  General. 

Official :  W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


Headquarters  Department  op  North  Carolina, 

Petersburg,  Va.,  February  27,  1864. 
General  :  Your  communication  of  the  20th  instant  is  received.  Your  letter 
of  the  13th,  referred  to,  was  received  and  replied  to,  by  flag,  under  date  of  17th. 
Yoix  have  doubtless  perused  my  reply  ere  this,  and  are  aware  of  the  fact  that 
the  men  "duly  enlisted  into  the  2d  North  Carolina  regiment,"  spoken  of  by  you, 
had  been  duly  enlisted  in  the  confederate  service  previously,  and  had  deserted 
from  same ;  that  they  were  taken  in  arms  fighting  against  their  colors,  were 
tried  by  a  duly  organized  court,  sentenced  and  executed. 

If  the  officers  of  the  Confederate  States  army,  whom  you  speak  of  as  hostages 
for  their  safety,  can  be  proven  to  be  deserters  from  the  federal  army,  you  will 
certainly  be  fully  justified  in  treating  them  similarly ;  otherwise,  should  you 
retaliate,  you  will  simply  be  guilty  of  murder. 

The  subject  does  not,  however,  admit  of  discussion,  and  I  refer  you  to  the 
concluding  paragraph  of  my  letter  of  the  16th  instant. 

I  am,  general,  very  respectfully,  your  obedient  servant, 

G.  E.  PICKETT,  Major  General. 
Major  General  John  Peck, 

United  States  Army. 

Official : 

W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


1(>  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Headquarters  Department  of  North  Carolina, 

March  15,  1864. 
General  :  The  communication  you  have  clone  me  the  honor  to  address,  under 
date  of  February  27,  is  at  hand.  Having  nothing  in  it  which,  as  I  conceive,  has 
any  noticeable  bearing  upon  the  matters  first  advanced  by  you,  and  being  in  fact 
merely  an  opinion  of  your  own,  intended,  entirely  to  gain  favor  with  your  supe- 
riors at  your  seat  of  government,  I  merely  deem  it  necessary  to  acknowledge 
its  receipt. 

I  am.  general,  very  respectfully,  your  obedient  servant, 

G.  E.  PICKETT, 
Major  General,  Commanding. 
Major  General  J.  J.  Peck, 

Commanding  United  States  Forces,  Neicbern,  N.  C. 
Official : 

C.  PICKETT, 
Assistant  Adjutant  General. 

A  true  copy  : 

G.  NORMAN  LIEBER, 

Brevet  Lieutenant  Colonel. 
Official: 

W.  A.  NICHOLS, 
Assistant  Adjutant  General. 


Headquarters  Department  of  North  Carolina, 

Petersburg,   Va.,  March  25,  1864. 

General:  I  have  the  honor  to  enclose  copy  of  letter  from  General  J.  J. 
Peck,  and  my  answer  to  same ;  and  am,  general, 
Very  respectfully,  your  obedient  servant, 

G.  E.  PICKETT, 
Major  General,  Commanding. 
General  S.  Cooper, 

A.  and  I.  G.,  C  S.  A.,  Richmond,  Va. 


A  true  copy 
Official : 


G.  NORMAN  LIEBER, 

Brevet  Lieutenant  Colo?iel. 

W.  A.  NTCHOLS, 

Assistant  Adjutant  General. 


No.  2. 


[Extract  from  "The  Weekly  Register,"  Petersburg,  Va.,  Friday  morning,  November  6, 1863.] 

Military  Department  of  North  Carolina,  Major  General  G.  E.  Pick- 
ett, commanding. 

Staff  officers. — Major  Charles  Pickett,  A.  A.  S.,  chief  of  staff;  Major  Walter 
Harrison,  assistant  adjutant  and  inspector  general;  Captain  E.  R.  Baird,  A.  D. 
O.j  Captain  W.  Stuart  Symington,  A.  D.  G;  Captain  R.  A.  Bright,  A.  D.C.; 
Captain  S.  G.  Leitch,  chief  of  ordnance;  Major  R.  F.  Scott,  chief  quartermaster ; 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  11 

Major  H.  W.  Jones,  chief  commissary  of  subsistence.;  Surgeon  M.  M.  Lewis, 
chief  surgeon;  Captain  Raymond  Fairfax,  chief  of  pioneer  party;  Lieutenant 
John  R.  Gossett,  provost  marshal;  Lieutenant  J.  S.  Morson,  engineer;  Major 

Keer,  commandant  post;    Major  E.  B.  Branch,   post   quartermaster; 

Captain  J.  B.  Read,  post  commissary  of  subsistence;  Surgeon Douglas, 

post  surgeon  ;  Major  Geo.  G  Cobell,  18th  Virginia  regiment,  provost  marshal 
of  city. 

Official : 

W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


[Extract  from  the  "Fayetteville  Observer,"  Fayetteville,  North  Carolina,  Februarys,  1864.] 

TRAITORS    EXECUTED. 

Among  the  prisoners  captured  by  our  forces  near  Newborn  were  several  de- 
serters from  our  army.  We  learn  by  an  officer  just  from  the  spot  that  two  of 
these  have  already  been  executed,  and  others  are  undergoing  trial. 

Official  : 

W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


[Extracts  from  the  "Weekly  Confederate,"  Raleigh,  'Wednesday,  February  17,  1864.] 

PUBLIC    EXECUTION. 

J.  S.  Stanley,  Lewis  Bryan,  Mitchell  Busick,  William  lrvin,  and  Amos 
Amyett,  of  Nethercutt's  battalion,  lately  found  as  deserters  to  the  enemy,  have 
been  tried  and  hanged,  thus  paying  with  their  lives  the  penalty  of  their  shock- 
ing crime.  These  men,  we  believe,  were  from  the  county  of  Jones.  They 
were  poor  and  ignorant  men ;  but  some  of  them  had  near  relatives,  and  all  of 
them  had  friends.  The  hearts  of  their  kindred  have  been  sore  stricken  by  their 
sad  and  disgraceful  end.  Are  they  only  to  blame'?  They  left  the  service,  and 
assumed  that  of  the  enemy,  on  the  plea  of  some  fancied  wrong  done  by  our  gov- 
ernment in  the  removal  of  Colonel  Nethercutt's  command  from  the  outpost  ser- 
vice, in  which  they  were  engaged  in  Jones  and  Onslow  counties,  into  General 
Martin's,  and  the  ordering  them  to  Wilmington.  This  slight  supposed  grievance 
furnished  the  excuse  for  their  great  crime;  but  was  there  no  newspaper  which, 
circulating  in  that  section,  aggravated  to  their  eyes  the  injury  they  complained 
of?  Did  no  newspaper  take  also  the  ground  that  the  government  had  committed 
towards  them  a  breach  of  faith?  If  there  were,  then  that  paper  exceeded  the 
liberty  of  the  press,  to  interfere,  wantonly  and  injuriously,  with  the  military 
movements.  That  paper  instigated  the  crime,  and  is  responsible  for  the  conse- 
quences its  teaching  has  produced.  When  any  person  gives  counsel  which  leads 
immediately  to  the  commission  of  felony,  that  person  is  an  accessory  before  the 
fact. 

If  these  poor,  deluded  men  have  friends  or  kin — and  Ave  know  Colonel  Nether- 
cutt  at  least  to  be  their  friend  so  far  as  to  see  that  they  have  justice — they  ought 
to  search  the  press ;  and  if  it  be  found  that  pernicious  counsels  have  led  to  this 
deplorable  crime  and  its  attending  calamity,  the  blood  of  these  men  appeals  for 
justice  upon  all  guilty — the  instigator  as  well  as  the  actor. 


12  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

[Army  correspondence  of  the  Richmond  Sentinel.] 
THE    OPERATIONS    BEFORE    \EWBERX. 

KlNSTON,  N.  C,  February  S,  1S64. 

Among  the  captives  were  some  who  had  deserted  our  army  and  joined  the 
enemy.  They  were  easily  identified,  and  two  of  them  have  been  court-mar- 
tialled  and  hung,  while  some  ten  or  twelve  others  are  awaiting  sentence  to  expi- 
ate their  crimes,  and  end  their  infamy  upon  the  gallows. 


Official : 


W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


[Extract  from  the  "  Western  Democrat,"  Charlotte,  North  Carolina,  Tuesday,  February  23' 

1864.] 

TRAITORS  EXECUTED. 

J.  S.  Stanley,  L.  Bryan,  Mitchell  Busic,  William  Irvin,  and  ymos  Armyett, 
of  Nethercutt's  battalion,  who  had  deserted  their  colors  and  gone  to  the  Yankees 
and  taken  up  arms  against  their  land  and  kindred,  were  hanged  in  Kinston 
on  the  21st  instant.  The  prisoners  were  accompanied  to  the  gallows  by  Hoke's 
and  Bartow's  brigades.  They  ascended  the  scaffold  with  a  firm  and  elastic  step, 
and  seemed  to  bear  up  under  their  trials  with  much  fortitude.  They  had  but 
little  to  say,  except  Busick,  who  entreated  his  old  comrades  inarms  to  standby 
their  flag  and  never  desert  it  under  any  circumstances  whatever,  lest  they  should 
come  to  the  ignominous  end  of  those  who  were  then  about  to  die  the  felon's  death 
and  fill  a  felon's  grave.  "  Oh,  that  I  had  never  been  born,"  one  of  the  prisoners 
was  heard  to  exclaim  in  his  anguish  a  moment  before  the  trap  fell. 

(Correspondence  of  the  Raleigh  Confederate.) 

Official : 

W.  A.  NICHOLS. 
Assistant  Adjutant  General. 


[Extract  from  the   "Wilmington  Journal,"   Confederate  States  of  America,  Wilmington, 
North  Carolina,  Tuesday  morning,  April  28,  1864. 

THE  DESERTERS  HUNG  AT    KINSTON,  NORTH  CAROLINA. 

We  find  in  the  North  Carolina  Presbyterian  a  long  letter  from  the  Rev.  John 
Parris,  chaplain  of  the  54th  regiment  North  Carolina  troops,  giving  a  detailed 
account  of  the  capture,  conviction,  and  hanging  of  twenty-two  deserters  at 
Kinston.     We  make  the  following  extracts  : 

"  In  our  late  campaign  against  Newbern  we  captured  in  the  ranks  of  the  enemy, 
with  arms  in  their  hands,  and  dressed  out  in  the  Yankee  toggery,  twenty-two  men 
who  were  recognized  and  proved  to  be  deserters  from  the  confederate  service. 
They  have  all  been  tried  by  court-martial,  found  guilty,  condemned  and  suf- 
fered the  penalty  of  death  upon  the  gallows.  They  were  all  turned  over  to  our 
brigade  for  execution.  At  the  iustance  of  Brigadier  General  Hoke,  I  attended 
them  in  confinement,  in  the  character  of  a  minister  of  the  Gospel,  and  accompanied 
them  to  the  gallows.  Thus  I  learned  their  history  and  heard  their  confessions. 
On  Friday,  the  5th  instant,  Joseph  L.  Hasket  and  David  Jones,  of  Craven 
county,  who  deserted  from  the  10th  regiment,  were  executed. 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  13 

"They  were  illiterate  men;  neither  of  them  could  read.  Admitted  they  had 
deserted,  but  insisted  that  the  Yankees  compelled  them  to  take  the  oath  and 
enlist.  These  were  the  most  unfeeling  and  hardened  men  I  have  ever  encountered. 
They  had  been  raised  up  in  ignorance  and  vice.  They  manifested  but  little,  if 
any,  concern  about  eternity.  They  marched  to  the  gallows  with  apparent  indif- 
ference. Jones,  though  quite  a  young  man,  never  shed  a  tear.  By  deserting 
the  flag  of  their  country  they  were  guilty  of  perjury,  but  they  seemed  to  regard 
it  with  indifference.  With  this  state  of  feeling  they  were  launched  into  eternity. 
"On  Friday,  the  12th,  five  more  of  the  prisoners  were  brought  to  the  scaffold. 
As  all  of  these  executions  had  to-take  place  within  twenty-four  hours  after  the 
publication  of  their  sentence,  I  had  only  that  space  of  time  to  devote  to  their  re- 
ligious instruction  before  they  went  to  the  bar  of  God.  The  names  of  these  men  were 
Amos  Armyett,  William  Irving,  Mitchell  Busick,  Lewis  Bryan,  and  John  Stanley, 
all  deserters  from  Nethercutt's  battalion  and  from  Jones  county.  Upon  entering 
the  cell  in  which  they  were  confined,  I  asked  if  any  of  them  were  members  of 
the  church?  Armyett  replied  that  he  was,  and  had  been  a  Methodist  for  years; 
that  he  was  prepared  to  meet  his  judge  in  peace.  But  as  I  don't  admit  a  man's 
lips  as  test  of  his  Christianity,  I  thought  them  only  as  sinners  against  God  of  the 
most  heaven-defying  character.  I  urged  upon  them  the  importance  of  making 
a  full  and  complete  confession  of  all  their  sins  before  both  God  and  man  ;  yet 
I  am  afraid  these  men  were  willing  to  look  the  great  sin  of  perjury,  of  which 
they  were  guilty,  fully  in  the  face.  Yet  each  one,  before  starting  to  the  gallows, 
professed  to  have  made  his  peace  with  his  God,  and  two  of  them  were  baptized 
in  the  Christian  faith.  I  suggested  to  them  that  they  owed  to  their  fellow  men 
one  duty,  viz :  that  they  should  give  to  me  the  names  of  the  men  who  had 
seduced  them  to  desert  and  go  to  the  enemy.  This  they  readily  assented  to, 
and  gave  me  the  names  of  five  citizens  of  Jones  county  as  the  authors  of  their 
ruin,  disgrace,  and  death,  which  names  I  took  down  in  writing,  and  handed  it 
into  the  general's  office,  and  they  will  no  doubt  be  properly  attended  to.  At  the 
gallows  Armyett,  who  was  the  eldest  of  the  five,  made,  as  chief  speaker,  the  fol- 
lowing confession,  written  down  as  delivered  : 

"'I  believe  my  peace  is  made  with  God.  I  did  wrong  in  volunteering  after 
I  got  to  Newbern.  I  would  rather  have  laid  in  jail  all  my  life  than  have  done 
it.  I  have  rendered  prayer  unto  God  to  forgive  my  sin.  I  trust  in  him,  and 
in  him  only.'     (The  prisoners  said,  we  all  feel  the  same  way.) 

"Mitchell  Busick  said:  'I  went  to  Newbern  and  they  (the  Yankees)  told  me 
if  I  did  not  go  into  their  service  I  should  be  taken  through  the  lines  and  shot. 
In  this  way  I  was  frightened  into  it.'  They  all  declared :  '  We  wish  a  state- 
ment made  to  the  North  Carolina  troops  that  we  have  done  wrong  and  regret  it; 
and  warn  others  not  to  follow  our  example.' 

*******  * 

"  On  Monday,  the  loth  instant,  thirteen  more  marched  to  the  gallows.  I 
made  my  first  visit  to  them,  as  chaplain,  on  Sunday  morning.  The  scene  beg- 
gars all  description,  ^ome  of  them  were  comparatively  young  men  ;  but  they 
had  made  the  fatal  mistake  ;  they  had  only  twenty-four  hours  to  live,  and  but 
little  preparation  had  been  made  for  death.  Here  was  a  wife  to  say  farewell 
to  a  husband  forever.  Here  a  mother  to  take  the  last  look  at  her  ruined  son; 
and  then  a  sister  who  had  come  to  embrace,  for  the  last  time,  the  brother  who 
had  brought  disgrace  upon  the  very  name  she  bore,  by  his  treason  to  his  coun- 
try. I  told  them  they  had  sinned  against  their  country,  and  that  country 
would  not  forgive ;  but  they  had  also  sinned  against  God,  yet  God  would  for- 
give if  they  approached  him  with  penitent  hearts  filled  with  a  godly  sorrow 
for  sin,  and  repose  their  trust  in  the  atoning  blood  of  Christ.  They  gave,  ap- 
parently, marked  attention  to  my  ministration  of  the  word  and  of  prayer.  On 
the  next  morning,  before  they  were  carried  to  the  scaffold,  I  visited  them  again 


14  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

and  had  with  me  as  companions  Rev.  Mr.  Thompson,  chaplain  of  the  43d,  Rev.  Mr. 
Schenk,  of  Guilford  county,  Rev.  Mr.  Hines,  missionary  to  brigade,  and  Rev.  R.R. 
Michaux,  North  Carolina  conference.  After  reading  a  chapter  and  prayer,  I 
administered  the  ordinance  of  Christian  baptism  to  eight  of  these  poor  condemned 
wretches,  after  the  manner  that  Paul  and  Silas  administered  it  to  the  jfdler  and  his 
household,  in  the  prison  at  midnight,  in  Philippi.  They  had  received  no  relig- 
ious visit  from  any  one  except  the  one  from  myself  the  preceding  morning,  and 
one  in  the  afternoon,  at  my  request,  from  Rev.  Mr.  Thompson.     I  administered 

baptism  at  the  request  made  on  the  morning  before. 

*  ****** 

"  The  thirteen  inarched  to  the  gallows  with  apparent  resignation.  Some  of 
them  I  hope  were  prepared  for  their  doom.  Others  I  fear  not.  On  the  scaffold 
they  were  all  arranged  in  one  row.  At  a  given  signal  the  trap  fell,  and  they 
were  in  eternity  in  a  few  moments.  The  scene  was  truly  appalling ;  but  it 
was  as  truly  the  deserters'  doom.  Many  of  them  said  I  never  expected  to  come 
to  such  an  end  as  this.  But  yet  they  were  deserters,  and  as  such  they  ought 
to  have  expected  such  a  doom.  The  names  of  these  misguided  men  were  John 
J.  Brock,  Wm.  Haddock,  Jesse  Summerlin,  A.  J.  Brittain,  Wm.  Jones,  Lewis 
Freeman,  Calvin  Huffman,  Stephen  Jones,  Joseph  Brock,  Lewis  Taylor, 
Charles  Cuthrell,  W.  C.  Daughtry  and  John  Freeman.  Ten  of  them  were 
deserters  from  Nethercutt's  battalion. 

"On  yesterday,  the  22d,  William  J.  Hill  and  Elijah  Kellnm  were  carried  to 
the  gallows,  and  hanged  as  deserters.  Kellum  was  quite  a  young  man,  unable 
to  read,  but  guilty  of  the  dreadful  crime  according  to  his  own  showing.  He 
professed  to  die  in  peace,  and  received  the  ordinance  of  baptism  before  death. 
The  other  looked  very  much  like  an  impenitent  man,  and  died  leaving  a  wife 
and  three  helpless  children  to  bear  the  disgrace  of  his  heavy  crime  unto  the 
third  and  the  fourth  generation." 

Official : 

W.  A.  NICHOLS, 
Assistant  Adjutant  General. 


No.  3. 

Report  of  a  board  of  inquiry,  and  report  upon  tlie  alleged  murder  of  a  large 
number  of  United  States  soldiers  by  the  rebels  during  the  spring  of  1S64, 
convened  by  the  following  order  : 

[Special  Order  No.  217. — Extract.] 

Headquarters  Department  of  North  Carolina, 

Raleigh,  N.  G,  October  19,  1SG5. 
A  board,  to  consist  of  the  following  named  officers,  is  hereby  appointed  to 
meet  at  Newborn,  North  Carolina,  on  Monday,  October  23,  1865,  or  as  soon 
thereafter  as  practicable,  to  inquire  into  and  report  upon  the  circumstances  con- 
nected with  the  alleged  murder  of  a  large  number  of  United  States  soldiers  by 
the  rebels  during  the  months  of  March,  April,  and  May,  1864  ;  the  junior  mem- 
ber will  act  as  recorder  :  Captain  W.  H.  Doherty,  assistant  quartermaster;  Cap- 
tain Burton  S.  Mills,  14th  United  States  colored  artillery,  heavy;  2d  Lieutenant 
Jonathan  Hopkins,  14th  United  States  colored  artillery,  heavy. 
By  command  of  Brevet  Major  General  Ruger : 

J.  A.  CAMPBELL, 

Assistant  Adjutant  General 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  15 

General  :  The  board  met  pursuant  to  the  above  order  on  Monday,  October 
23,  1865,  when,  after  being  duly  constituted  agreeably  to  paragraphs  1  and  3, 
Revised  Army  Regulations,  93d  article  of  war,  proceeded   to  business. 

The  president  of  the  board  read  a  memorial  relative  to  the  murder  of  United 
States  soldiers  at  Kinston,  North  Carolina,  upon  which  the  action  of  the  board 
was  to  be  based.  There  being  no  witnesses  before  the  board,  it  proceeded  to 
summons  such  persons  as  were  set  forth  in  the  memorial  as  being  cognizant  to  the 
facts  under  consideration  ;  after  which  the  board  adjourned  until  October  31, 
1865,  to  await  the  appearance  of  witnesses. 

The  board  met  pursuant  to  adjournment.  Present,  the  president  and  all  the 
members.  The  board  then  proceeded  to  the  examination  of  witnesses.  After  ex- 
amining a  large  number  (28)  of  witnesses,  who  were  most  familiar  with  the  facts 
connected  with  the  alleged  murder,  and  also  such  persons  as  were  within  reach  of 
the  board  who  were  most  likely  to  be  acquainted  with  the  persons  and  circum- 
stances conniving  at  the  death  of  these  United  States  soldiers,  the  board 
have  the  honor  to  make  the  following  report,  comprising  facts  and  inferences 
deduced  from  the  testimony,  viz  :  There  was  a  large  number  of  United  States 
soldiers  hung  at  Kinston,  North  Carolina,  by  the  rebels  during  the  months  of 
February  and  March,  1864.  There  is  a  discrepancy  in  the  testimony  as  to  the 
number  of  men  executed,  but  the  testimony  is  substantially  as  follows  : 

The  rebels  executed  twenty-three  or  four  men,  said  to  have  been  United 

States  soldiers,  at  Kinston,  North  Carolina ;   (testimony  of .) 

About  twenty  United  States  soldiers  were  executed  by  the  rebels  at  Kinston, 
North  Carolina,  as  follows :  Two  men  were  hung  first,  thirteen  next,  and  five 
lastly  according  to  the  best  of  memory ;  (testimony  of  Josiah  Wood.)  Other  evi- 
dence shows  twenty-two  United  States  soldiers  to  have  been  hung.  Two  were 
at  first  executed  together,  afterwards  thirteen,  and  lastly  seven;  (testimony  of 
W.  F.  Huggins.)  All  the  testimony  agrees  that  there  were  three  separate  exe- 
cutions, and  also  that  the  number  hung  at  the  first  two  executions  were  two 
and  thirteen ;  and  in  the  opinion  of  the  board  seven  is  the  number  of  those 
who  were  victims  of  the  last  execution  which  gives  a  total  of  twenty-two. 

The  first  of  these  executions,  was  performed  some  time  between  the  1st  and 
loth  of  February,  1864;  the  second  on  the  15th  February,  1864;  and  the 
last  some  time  in  the  month  of  March,  1864.     (Testimony  of  D.  S.  Brock.) 

The  victims  of  this  outrage  were  taken  prisoners  by  the  rebels  from  the  2d 
North  Carolina  Union  volunteers,  at  Beech  Grove,  North  Carolina,  on  or  about 
the  1st  of  February,  1864,  while  engaged,  under  command  of  United  States 
officers,  in  opposing  the  rebels  under  command  of  the  rebel  General  Pickett. 

The  following  are  the  names  of  persons  proven  to  have  been  murdered  as 
above  stated,  viz  :  1,  Wm.  D.  Haddock;  2,  Wm.  Jones;  3,  W.  H.  Dougherty; 
4,  John  J.  Brock;  5,  Jesse  J.  Summerlin;  6,  Stephen  Jones  ;  7,  Joseph  Brock ; 
8,  Andrew  J.  Britton:  (testimony  of  A.  N.  Daniels;)  9,  John  Freeman; 
10,  Mitchell  Busick;  11,  Wm.  L.  Bryan  ;  ]  2,  Wm.  Irvine  ;  13,  Elijah  Kellum; 
14,  John  Stanley;  15,  Lewis  Freeman;  16,  Amos  Amyett ;  (testimony  of 
Isaiah  Wood;)  17,  William  J.  Hill;  (testimony  of  Wm.  J.  Pope;)  18,  Lewis 
Taylor;  19,  David  Jones;  (testimony  of  Daniel  S.  Brock;)  20,  Calvin  J. 
Hougbman;  21,  Charles  Catherell;  (testimony  of  Wm.  Fields.) 

The  following  list  of  names  includes  all  the  enlisted  men  of  the  2d  North 
Carolina  Union  volunteers  known  and  believed  to  have  been  hung  by  the 
rebels,  viz:  1,  Wm.  D.  Haddock;  2,  Wm.  Jones;  3,  Wm.  H.  Dougherty; 
4,  John  J.  Brock  ;  5,  John  Freeman  ;  6,  Mitchell  Busick  ;  7,  Wm.  L.  Bryan ; 
8,  Wm.  Irvine;  9,  Wm.  J.  Hill;  10,  Lewis  Taylor  ;  11,  Calvin  J.  Houghman  ; 
12,  Jesse  J.  Summerlin;  13,  Joseph  Brock;  14,  Andrew  J.  Britton  ;  15,  Stephen 
Jones;  16,  Elijah  Kellum ;  17,  John  Stanley ;  18,  Lewis  Freeman;  19,  Amos 
Amyett;  20,  David  Jones;  21,  Charles  Catherell;  22,  Joseph  Hasket. 

The   evidence  shows  the  following  named  persons  to  have  been  members  of 


16  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

the  2d  North  Carolina  Union  volunteers  :  1,  Joseph  L.  Hasket ;  2,  Mitchell 
Busick  ;  3,  Williau  Irvine  ;  4,  Amos  Arnyett ;  5,  David  Jones  ;  G,  Lewis  Bryan ; 
7,  John  J.  Brock  ;  8,  Wm.  D.  Haddock  ;  9,  Jesse  J.  Summerlin  ;  10,  Andrew  J. 
Britton ;  11,  Lewis  Freeman;  12,  Calvin  J.  Houghman ;  13,  Stephen  Jones; 
14,  Joseph  Brock;  15,  Lewis  Taylor;  1G,  Charles  Cutherell;  17,  Wm.  H. 
Dougherty;  IS,  Elijah  Kellum ;  (testimony  of  Lieutenant  W.  H.  Eddins,  for- 
merly acting  sergeant  major  of  2d  North  Carolina  volunteers;)  19,  John  Stan- 
ley;  20,  John  Freeman  ;   (testimony  of  C.  C.  Phillips.) 

These  several  lists  show  these  facts  :  first,  that  the  testimony  fixes  the  fact 
definitely  that  twenty-one  men  were  executed,  by  designating  them  by  name, 
and  that  the  man  not  so  proven  is  known  as  Joseph  Hasket ;  second,  that  twenty 
of  these  men  have  been  members  of  the  2d  North  Carolina  Union  volunteers,  and 
that  the  names  of  those  said  to  have  been  executed  who  have  not  been  proved 
to  have  been  United  States  soldiers  are  Joseph  Hasket  and  Wm.  Jones. 

After  the  capture  of  these  men  at  Beech  Grove,  North  Carolina,  they  were 
confined  in  the  court-house  at  Kinston,  North  Carolina,  until  they  were  removed 
to  the  dungeon  of  the  old  jail  at  the  same  town,  (testimony  of  Mrs.  Elizabeth 
Jones,)  where  they  remained  until  they  were  executed  under  most  cruel  and 
debasing  treatment,  and  were  rescued  from  starvation  only  by  their  friends 
supplying  them  with  food.  (Testimony  of  Celia  J.  Brock.)  Nor  did  the  out- 
rages perpetrated  upon  the  victims  of  the  wholesale  slaughter  cease  with  cruel 
treatment  or  with  death  itself;  these  dead  bodies  were  stripped  of  their  clothing 
almost  or  quite  to  a  state  of  nudity,  (testimony  of  Mrs.  Nancy  Jones  and  others,) 
to  be  contemptously  left  for  relatives  to  gather  up  and  inter,  delivered  to  experi- 
menting surgery,  like  a  common  felon,  or  scooped  into  a  common  grave  at  the 
foot  of  the  gallows,  while  their  families  were  insulted,  robbed  of  their  property, 
and  left  to  depend  upon  the  charity  of  friends,  (while  they  who  befriended  them 
were  themselves  in  danger,)  or  suffer  for  a  mere  subsistence.  (Testimony  of 
Catherine  Summerlin.) 

These  men  were  tried  by  a  rebel  court-martial  convened  at  Kinston,  North 
Carolina,  for  that  purpose,  (testimony  of  J.  A.  Parrott,  G.  W.  Cox,  and  others,) 
but  the  board  has  been  unable  to  learn'who  comprised  this  court,  or  by  whose 
order  it  was  convened,  though  it  was  thought  to  have  been  comprised  of  officers 
(rebels)  belonging  to  Virginia  organizations,  and  the  fact  that  officers  from  North 
Carolina,  stationed  at  Kinston,  North  Carolina,  at  the  time,  were  not  able  to 
testify  concerning  them,  leads  to  the  inference  that  they  were  appointed  by 
General  Pickett,  (department  commander,)  from  his  division  of  Virginia  rebel 
troops,  enlisted  for  confederate  service.  These  men  were  arraigned  and  tried 
upon  the  charge  of  desertion.     (Testimony  of  A.  N.  Daniels.) 

The  testimony  of  J.  H.  Nethercutt  proves,  conclusively,  that  these  men  be- 
longed to  the  local  North  Carolina  service,  and  that  they  never  had  been  con- 
federate soldiers ;  therefore,  in  the  opinion  of  the  board,  a  Confederate  States 
court-martial  had  no  jurisdiction  over  them ;  and,  further,  the  court-martial  vir- 
tually acknowledged  its  incapacity  in  the  case  of  Clinton  Cox,  who  was  arraigned 
ripen  the  same  charge,  but  who,  it  appears,  was  saved  from  the  fate  of  the  others 
by  the  testimony  of  a  Captain  G.  W.  Cox,  (captain  of  a  local  North  Carolina 
company,)  which  was  to  the  effect  that  Clinton  Cox  had  belonged  to  his  com- 
pany, but  that  he  had  not  deserted,  because  he  did  not  consider  leaving  a  local 
company  desertion  from  confederate  service.  (Testimony  of  G.  W.  Cox.) 
Witnesses  and  counsel  were  denied  to  other  men,  and  they  were  hung,  (testimony 
of  Bryan  McCullen,)  while  their  cases  were  parallel  but  less  aggravated.  It  is 
the  opinion  of  the  board  that  further  investigation  would  prove  that  Elijah 
Kellum  never  had  been  either  in  the  local  or  confederate  service,  but  that  he 
was  fraudulently  reported  as  conscripted  by  a  Captain  Wilson,  of  Jones  county, 
North  Carolina,  enrolling  officer  in  the  rebel  service. 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  17 

The  rebel  General  Pickett  was  in  command  of  the  department  of  eastern 
North  Carolina,  (testimony  of  0.  S.  Dewey,)  and  approved  the  sentence  of  death 
passed  by  the  above-mentioned  court,  and  ordered  the  execution  of  these  United 
States  soldiers,  (testimony  of  W.  J.  Tops,  Geo.  W.  Camp,)  and  General  Hoke, 
in  command  of  Kinston,  North  Carolina,  was  charged  with  the  execution,  (testi- 
mony of  J.  H.  Nethercutt, )  by  the  agency  of  Pickett's  provost  guard  and  sev- 
eral voluntary  hangmen,  one  of  whom  is  known  as  Blunt  King,  of  Goldsborough, 
North  Carolina.  (Testimony  of  Isaiah  Wood,  D.  S.  Brock,  and  others.)  The 
person  who  hung  the  thirteen  is  known  as  a  tall,  dark-complexioned  man,  with 
a  cross  or  squint  eye,  a  resident  of  Raleigh,  North  Carolina.  His  name  the  board 
has  been  unable  to  learn.     (Testimony  of  Aaron  Baer  and  others.) 

The  proof  of  the  unparalleled  barbarities  of  the  last  two  men,  above  mentioned, 
is  very  positive  and  abundant. 

The  object  of  this  disgraceful  sacrifice  of  human  life,  in  the  opinion  of  the 
board,  perpetrated  on  the  part  of  the  leaders,  was  to  terrify  the  loyal  people  of  North 
Carolina,  to  make  them  subservient  to  their  foul  scheme  of  rebellion,  and  to 
bring  contempt  upon  the  government  its  victims  represented,  of  which  the 
slaughter  of  the  friends  and  neighbors  of  these  loyal  people,  the  manner  in  which 
the  bodies  of  these  murdered  men  were  treated,  the  contempt  shown  to  the  per- 
sons and  property  of  the  widows,  also  the  contemptuous  language  with  reference 
to  the  uniform  of  the  United  States  by  General  R.  P.  Hoke,  in  appealing  to  the 
pride  and  sensibilities  of  Bryan  McCullem,  is  sufficient  evidence;  and  that  they 
were  determined  to  use  these  men  for  this  vile  purpose  is  evident  from  the  fact 
that  they  were  refused  either  counsel  or  testimony  favorable  to  them ;  (testimony 
of  Catherine  Summerlin,  Mrs.  Nancy  Jones,  Bryan  McCullum;)  and  on  the 
part  of  those  who  volunteered  to  put  these  men  to  death,  through  a  spirit  of 
brutish  blood-thirst,  and  a  fiendish  greed  of  gain.  (Testimony  of  Aaron  Baer 
and  others.)  Those  directly  implicated  in  the  execution  of  these  men  were  as 
follows,  viz : 

The  court-martial,  of  which  the  board  were  unable  to  learn  the  names  of  the 
members  ;  the  rebel  General  Pickett,  who  ordered  the  execution ;  the  rebel  Gen- 
eral B.  P.  Hoke,  who  performed  the  execution;  Colonel  Baker,  who  robbed  and 
persecuted  their  widows;  Blunt  King,  and  another  voluntary  hangman,  known 
as  a  tall  dark-complexioned  man,  with  a  cross  or  squint  eye,  and  a  resident  of 
Baleigh,  North  Carolina. 

It  is  the  opinion  of  the  boazd  that  these  men  have  violated  the  rules  of  war 
and  every  principle  of  humanity,  and  are  guilty  of  crimes  too  heinous  to  be  ex- 
cused by  the  United  States  government,  and,  therefore,  that  there  should  be  a 
military  commission  immediately  appointed  for  the  trial  of  these  men,  and  to 
inflict  upon  the  perpetrators  of  such  crimes  their  just  punishment. 

Trusting  this  report  will  meet  with  your  approval,  we  remain,  very  respect- 
fully, your  obedient  servants, 

W.  H.  DOHERTY, 
Capt.,  A.  Q.  M.,  and  President  of  Board, 
BURTON  S.  MILLS, 

Capt.  14th  U.  6'.  C.  A.,  (heavy.) 
JONATHAN  HOPKINS, 
2d  Lt.  U.  S.  G.  A.,  (heavy,)  and  Recorder. 

Brevet  Major  General  Rugek,  Raleigh,  N.  C. 


Official; 


W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


Ex.  Doc.  98- 


18  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

No.  4. 

Newbern,  October  23,  1865. 
The  court  met  in  accordance  with  orders,  of  which  the  following  is  a  copy : 

[Special  Orders,  No.  -217.— Extract,] 

Headquarters  Department  of  North  Carolina, 

Raleigh,  N.  C,  October  19,  1865. 

7.  A  board,  to  consist  of  the  following  named  officers,  is  hereby  appointed  to 
meet  at  Newbern,  North  Carolina,  on  Monday,  October  22,  1865,  or  as  soon 
thereafter  as  practicable,  to  inquire  into  and  report  upon  the  circumstances  con- 
nected with  the  alleged  murder  of  a  large  number  of  United  States  soldiers  by 
the  rebels  during  the  months  of  March,  April,  and  May,  1864.  The  junior  mem- 
ber will  act  as  recorder  of  the  court:  Captain  William  H.  Doherty,  assistant 
quartermaster;  Captain  B.  S.  Mills,  14th  United  States  colored  troops ;  Lieuten- 
ant J.  Hopkins,  14th  United  States  colored  troops. 

By  order  of  Brevet  Major  General  Ruger : 

J.  A.  CAMPBELL, 
Assistant  Adjutant   General. 

October  23,  1865. 
Court  met  in  obedience  to  the  above  order,  all  the  members — 
A  number  of  witnesses  were  summoned  to  appear  in  Newbern,  North  Caro- 
lina, at  the  office  of  the  provost  marshal,  on  Thursday,  the  31st  day  of  October, 
at  ten  o'clock  a.  m.,  to  give  evidence  in  this  case. 
Court  adjourned  to  said  date. 

Newbern,  N.  C,  October  31,  1865. 
Court  met — all  members  present — and   proceeded  to  examine  witnesses,  who 
testified  on  oath  as  follows,  viz : 

First  witness  sworn  : 

Catherine  Summerlin,  widow  of  Jesse  James  Summerlin,  testified:  That  Jesse 
J.  Summerlin,  her  late  husband,  resided  near  Kinston,  North  Carolina;  that  he 
was  at  the  time  of  his  murder  by  the  rebels  a  soldier  enlisted  in  the  service  of 
the  United  States,  in  the  2d  regiment  of  North  Carolina  loyal  infantry;  that 
he  was  taken  prisoner  by  the  rebels  about  the  1st  of  February,  1864,  and  hung 
by  them  at  Kinston,  North  Carolina,  on  the  14th  or  15th  day  of  the  same  month; 
saw  her  husband  (above-named)  in  the  dungeon  of  the  jail  at  Kinstcn,  North 
Carolina,  on  the  day  before  he  was  executed;  was  allowed  to  visit  him  for  a 
short  time  on  that  day  and  also  on  the  morning  of  his  death;  Sheriff  Fields  was 
present  at  the  execution ;  he  took  the  dead  body  of  her  husband  from  the  gal- 
lows and  delivered  it  to  her.  The  soldiers  had  stripped  the  body  of  all  but  the 
pants;  she  got  the  body  of  her  husband  next  morning  after  execution  and  car- 
ried it  home ;  got  a  coffin  and  buried  it.  Some  time  afterwards,  Colonel  Baker,  of 
the  rebel  army,  visited  her  house,  took  away  her  horse  and  all  her  provisions ;  her 
house  was  in  Jones  county,  North  Carolina;  she  has  5  (five)  small  children  and 
is  in  destitute  circumstances.  Captain  Southeron,  of  rebel  army,  was  in  charge 
of  the  prison  in  Kinston  at  the  time;  she  was  kept  under  guard  (3)  three  days 
and  nights  after  the  murder  of  her  husband  at  her  own  house  in  Jones  county, 
North  Carolina;  her  husband  with  (12)  twelve  others  (most  of  them  her  neigh- 
bors) were  hung  together  from  one  pole  or  beam  in  an  old  field  near  the  town  of 
Kinston,  North  Carolina;  she  was  present  but  dared  not  look  on.  She  heard 
the  platform  fall  and  saw  (4)  four  or  (5)  five  of  the  dead  bodies,  viz  :  John 
Brock,  Joel  Brock,  Hardy  Dougherty,   Stephen  Jones,  Andrew  Britton,  and 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  19 

William  Haddock,  who  gave  her  his  clothes  to  take  to  his  mother,  who  was  her 
neighbor.  The  bodies  were  stripped  in  some  cases  naked  all  but  the  shirt  or 
pants.  Andrew  Britton  sent  word  by  her  to  his  wife  to  meet  him  in  Heaven ; 
her  husband  was  conscripted  into  the  rebel  army  and  carried  off  by  an  armed 
force;  therefore,  he  deserted  and  came  to  Newbern  and  joined  the  Union  forces. 
She  has  not  yet  applied  for  or  received  any  pension  from  the  United  States  gov- 
ernment. 

Second  witness  sworn : 

Mrs  Elizabeth  Jones,  widow  of  Stephen  Jones,  sworn  :  Her  late  husband's 
name  was  Stephen  Jones;  she  lives  in  Lenoir  county,  North  Carolina,  (1J) 
one  and  one  half  mile  from  Kinston,  North  Carolina ;  her  husband  volun- 
teered in  the  rebel  home  service;  in  about  (12)  twelve  months  was  conscripted, 
then  he  deserted  and  came  within  the  Union  lines  ;  some  time  in  December, 
1863,  was  taken  prisoner  by  the  rebels — same  time  as  Jesse  Summerlin  ;  she 
was  in  jail  in  Kinston  at  the  time  her  husband  was  imprisoned  there,  and  saw 
General  Hoke. 

Court  adjourned  till  2  o'clock  p.  m. 

Court  met  2  o'clock  p.  m.,  same  day. 
Third  witness  sworn  : 

Mr.  A.  M.  Daniels  sworn :  His  name  is  A.  M.  Daniels ;  lives  in  Kinston  ; 
is  a  harness-maker ;  lias  been  living  in  Kinston  thirteen  years  ;  saw  some 
men  hung  in  Kinston;  there  were  (13)  thirteen  at  one  time;  knows  the  fol- 
lowing that  were  hung  at  that  time,  viz  :  Wm,  0.  Haddock,  Jesse  Summerlin, 
Wm.  Jones,  Stephen  Jones,  Hardy  Dougherty,  Joseph  Brock,  John  Brock 
and  Andrew  Britton;  knew  these  men  well ;  saw  them  hung  with  five  other 
citizens;  assisted  to  take  down  the  corpse  of  Wm.  0.  Haddock  from  the  gal- 
lows, and  to  bury  him ;  these  men  assisted  in  that  work  were  James  B.  Webb, 
Daniel  Brock  and  Isaiah  Wood.  Some  of  the  bodies  were  buried  in  the  old  field 
outside  of  town  where  they  were  hung.  General  Pickett  was  in  command  of 
the  eastern  department  of  North  Carolina  at  that  time,  and  General  Hoke  was 
in  command  of  the  post  of  Kinston,  North  Carolina ;  understood  those  men 
were  tried  by  a  court-martial  ;  saw  twenty-three  or  twenty-four  hung  at  differ- 
ent times ;  all  were  executed  as  deserters  from  the  rebel  army.  I  attended  and 
buried  Haddock  at  the  request  of  his  sister,  Mrs.  Bryant  McCullum.  J.  C. 
Conner  was  acting  as  scout  for  the  rebel  army  at  this  time ;  he  took  no  part  in 
the  matter.  I  knew  a  man  called  Blunt  King  who  acted  as  hangman  on  one  of 
these  occasions,  viz :  when  some  United  States  soldier  was  hung.  Major 
Nethercutt,  of  Nethercutt's  batallion,  was  in  charge  of  these  men  when  prisoners. 
E.  C. 

Second  witness,  examination  continued  :  Mrs.  E.  Jones  visited  her  husband 
during  the  two  weeks  he  was  kept  in  prison  before  his  execution — at  first  in  the 
court-house,  at  last  in  the  dungeon  of  the  jail ;  she  carried  him  a  bed-quilt  to 
sleep  on  ;  visited  him  the  morning  he  was  hung,  just  before  the  rebels  took  him 
out  for  execution.  On  that  occasion  thirteen  were  hung  together;  she  received 
his  dead  body,  carried  home  and  buried  it ;  Major  Nethercutt  was  there  at  that 
time.     She  is  poor ;  has  but  one  child,  and  no  home. 

Fourth  witness  sworn : 

Mrs.  Nancy  Jones,  widow  of  Wm.  Jones,  sworn  :  Her  late  husband's  name 
was  Wm.  Jones ;  resides  in  Lenoir  county,  North  Carolina,  (12)  twelve  miles 
from  Kinston,  North  Carolina ;  her  husband  enlisted  in  the  United  States 
army  in  January,  1864;  was  taken  prisoner  by  the  rebels  in  February,  1864; 
belonged  to  the  same  company  and  regiment  in  the  United  States  army  as  the 
others  that  were  hung  at  the  same  time  with  him  ;  saw  her  husband  in  the  jail 


20  MURDER    OF    UNION    SOLDIERS    IN    InORTH    CAROLINA. 

the  evening  before  he  was  hung,  February  14,  1S64;  could  not  take  her  hus- 
band home  for  the  want  of  a  conveyance  ;  at  first  the  Union  men  were  afraid 
to  help  her,  and  the  rebels  cursed  her ;  said  it  was  too  good  for  him.  On  Wed- 
nesday next  sent  her  son,  a  boy  fifteen  years  old,  and  her  nephew  of  seventeen 
years,  to  bring  home  the  body  ;  they  searched  a  long  time  and  at  last  found  it  in 
an  old  loft  in  charge  of  a  sergeant  and  guard  that  refused  to  give  it  up;  at  last 
the  doctor  gave  them  it,  which  was  stripped  of  all  covering  excepting  the  socks. 
This  was  a  week  after  execution  ;  her  son  received  the  body,  brought  it  home 
and  buried  it ;  she  was  obliged  to  walk  home  twelve  miles  ;  has  five  children 
and  no  home. 

Fifth  witness : 

Mrs.  Celia  Jane  Brock,  widow  of  John  Brock,  sworn :  Her  late  husband's 
name  was  John  C.  Brock  ;  he  was  a  soldier  in  the  United  States  army  ;  enlisted 
some  time  in  the  winter  of  1864  ;  he  was  taken  prisoner  at  Beach  Grove,  near 
Newbern,  North  Carolina,  in  February,  1864,  by  the  rebel  army.  She  lives 
four  miles  from  Kinston,  North  Carolina;  saw  her  husband  on  the  Saturday 
week  before  he  Avas  executed  ;  he  was  confined  in  the  dungeon  of  the  jail ;  he 
told  me  that  he  got  only  one  cracker  a  day  ;  all  the  other  prisoner?  said  they 
only  got  one  cracker  a  day  each;  she  said  she  fed  her  husband  and  the  others, 
or  they  would  have  starved.  General  Hoke  was  in  command  then ;  Captain 
Kib.  Davis  was  in  command  at  the  jail.  She  took  the  dead  body  of  her  hus- 
band home,  and  buried  it.  He  had  been  stripped  of  most  of  his  clothes ;  her 
husband  was  baptized  at  his  own  request,  on  the  morning  of  his  execution,  by 
the  Rev.  Mr.  Camp,  a  baptist  preacher  of  Kinston,  North  Carolina,  in  the 
Neuse  river. 

Court  adjourned  to  November  1,  1865. 

Newbern,  N.  C,  November  1,  1865. 
Court  resumed  at  10  o'clock  a.  m. 

Sixth  witness  sworn  : 

Isaiah  Wood  sworn  :  His  name  is  Isaiah  Wood ;  resides  in  Kinston,  North 
Carolina ;  jailer  of  the  county  jail  of  Lenoir  county ;  has  had  that  place  since 
and  before  the  war ;  holds  it  now  ;  was  present  at  the  execution  of  thirteen 
United  States  soldiers  in  February,  1864,  at  Kinston,  North  Carolina  ;  can  name 
the  following  among  them,  who  were  well  known  to  him,  viz  :  Jesse  Summerlin, 
Stephen  Jones,  William  Haddock,  John  Freeman,  Michael  Busk,  Lewis  Free- 
man, William  Irvin,  Amos  Amyett,  and  William  Brant,  also  Elijah  Killum 
who  was  hung  afterwards ;  was  jailer  at  the  time,  but  the  military  had  posses- 
sion of  the  jail  at  the  time ;  knew  J.  O'Conner,  a  rebel  scout ;  he  was  present  ; 
witness  was  present  at  the  hanging  of  two,  (2,)  thirteen,  (13,)  and  five  (5) 
United  States  soldiers  at  different  times ;  desires  now  to  add  to  the  list  of  those 
he  saw  hung,  Andrew  Britton,  John  Stanley,  and  William  D.  Jones.  A  man, 
called  B.  King,  told  witness  that  he  volunteered  to  hang  these  men ;  saw  him 
superintending  the  execution.  The  men  who  were  employed  by  the  friends  of 
the  hanged  men  to  take  up  their  bodies  some  time  after  the  execution  told  him 
that  there  were  three  bodies  buried  in  one  grave  at  the  foot  of  the  gallows,  and 
that  they  could  not  distinguish  them,  and  they  were  not  removed.  Mrs.  Irvin 
sent  to  the  witness  requesting  him  to  find  out  where  her  son  was  buried,  but  he 
could  not  do  so  for  the  above  cause. 

Seventh  witness  sworn  : 

Mr.  Windsor  Cook:  Lives  in  Kinston,  North  Carolina;  trade,  coachmaker 
and  shoemaker  ;  has  lived  in  Kinston  fourteen  years;  a  native  of  North  Carolina; 
some  time  in  confederate  service  as   guard  on  railroad ;   saw  thirteen   United 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  21 

States  soldiers  hung  February  15,  1864;  knew  the  following  of  them:  Jesse 
Summerlin,  two  Brocks,  two  Joneses  and  William  Haddock.  Major  Nether- 
cutt  was  present. 

Eighth  witness  sworn : 

Mr.  Daniel  S.  Brock  :  Resides  in  Kinston,  North  Carolina ;  agent  for  the  firm 
of  Dibble  &  Brother,  carriage-makers.  Witness  was  present  at  the  execution 
of  United  States  soldiers  at  these  different  occasions  :  1st,  two  men ;  2d,  thir- 
teen men ;  3d,  two  men  were  hung ;  the  first  two  were  executed  in  February, 
1864,  the  last  in  March,  1864.  Witness  resides  in  Kinston;  never  was  in  the 
rebel  service ;  thinks  General  Hoke  was  in  command  ;  Blunt  King  was  present 
cutting  off  the  buttons  from  the  clothes  of  the  executed  men ;  he  resides  in 
Goldsborough,  North  Carolina.  A  stout,  tall  man  with  a  cross-eye  acted  as  hang- 
man on  one  occasion ;  name  unknown.  Witness  gave  the  names  of  eighteen 
United  States  soldiers  he  saw  hung ;  (list  handed  in  and  kept  by  recorder  of 
court;)  thinks  General  Ploke  was  in  command  at  the  time  at  Kinston,  North 
Carolina. 

Ninth  witness  sworn  : 

Mr.  B.  W.  King  :  Resides  in  Kinston,  North  Carolina  ;  occupation,  a  farmer  ; 
has  resided  in  Kinston  thirty-two  years ;  knows  of  the  execution  of  United 
States  soldiers,  but  was  not  present  at  any  of  the  times  ;  witness  helped  to 
bury  William  Haddock,  one  of  the  executed  men ;  saw  a  number  of  men,  he 
thinks  thirteen,  hanging  on  a  gallows,  at  a  distance,  but  did  not  go  near  them, 
in  February,  1864.  General  Hoke  was  in  command  then,  and  was  present  at 
the  execution.  Witness  lives  just  opposite  the  jail  and  court-house  ;  saw  these 
prisoners  there  ;  supplied  them  with  food  ;  gave  one  of  them  a  bed-quilt ;  thinks 
they  were  in  charge  of  Virginia  troops  ;  Guilford  W.  Cox,  Pitt  county,  was  pro- 
vost marshal  at  the  time. 

Tenth  witness  sworn  : 

Mr.  George  W.  Camp,  a  merchant  and  also  an  ordained  preacher  of  the 
Baptist  church :  Saw  the  execution  of  thirteen  United  States  soldiers  on  the  15th 
of  February,  1864.  Witness  baptized  two  of  them,  John  and  Joel  Brock,  the 
morning  of  the  execution  in  Neuse  river ;  knew  some  of  the  hanged  men,  viz  : 
J.  F.  Freeman,  Jesse  Summerlin,  Louis  Freeman,  Hardy  Dougherty,  and 
Stephen  Jones.  General  Picket  was  in  command  of  department  of  Eastern 
North  Carolina.  General  Hoke  was  present  in  command  at  Kinston,  North 
Carolina.  Major  Nethercutt  was  present ;  Captain  A.  Crome,  provost  marshal ; 
Lieutenant  Bob.  Davis  was  acting  provost  marshal.  Witness  visited  the  prisoners 
in  jail  twice  ;  heard  Sheriff  P^ields  say  that  he  had  applied  to  get  off  Jesse 
Summerlin,  who  had  been  once  his  overseer. 

Court  adjourned. 

Court  met  in  Newbern,  North  Carolina,  November  2,  1865. 

Eleventh  witness  sworn  : 

Mr.  J.  H.  Dibble,  merchant  and  maufacturer :  Resided  in  Kinston,  North 
Carolina,  twenty-two  years ;  was  there  during  the  rebellion  except  five  or  six 
months,  when  in  prison  by  the  rebels  for  being  a  northern  man ;  witness  never 
saw  any  of  the  military  executions  ;  saw  the  gallows  ;  knew  several  of  the 
men  hung ;  knew  that  the  gallows  that  he  saw  were  erected  for  the  execution 
of  United  States  soldiers  ;  Captain  Wilson  was  provost  marshal  then  or  about 
that  time,  also  Captain  Guilford  Cox,  Pitt  county,  North  Carolina,  also  Captain 
Fry,  Onslow  county;  Generals  Picket  and  Hoke  were  in  command  at  or  near 
Kinston,  North  Carolina,  and  Captain  0.  S.  Dewey  was  depot  quartermaster 
at  that  time. 

Court  adjourned  till  2  o'clock  p.  m. 


22  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Court  met  at  2  o'clock  p.  m. 

Twelfth  witness  sworn  : 

Mr.  0.  S.  Dewey  :  Resides  at  High  Point,  North  Carolina ;  formerly  post 
quartermaster  in  Kinston,  North  Carolina,  for  the  rebel  army,  from  March,  1862, 
till  March,  1S65.  He  never  witnessed  any  military  executions  of  United  States 
soldiers ;  remembers  the  execution  of  a  number  of  United  States  soldiers  there, 
in  February,  1864,  because  Captain  J.  B.  Stafford  was  detailed  for  the  purpose 
of  superintending  it,  and  applied  to  witness  for  rope  to  hang  the  men  with. 
The  Avitness  could  not  supply  him.  Rope  was  at  length  obtained  from  the  rebel 
gunboat.  General  Pickett  was  in  command  of  department  of  Eastern  North 
Carolina.  Captain  Wilson,  of  the  1st  North  Carolina  rebel  sharpshooters,  was 
provost  marshal  at  the  time.  Witness  did  not  know  the  men  that  were  hung  person- 
ally; had  no  intercourse  with  them.  Captain  William  C.  King  was  post  commis- 
sary then  at  Kinston,  North  Carolina. 

Thirteenth  witness  sworn  : 

Mr.  C.  C.  Philips :  Resides  in  Kinston,  North  Carolina;  knows  that  the  fol- 
lowing men,  United  States  soldiers  in  the  United  States  army,  were  executed 
there,  viz :  Mitchel  Busick,  Louis  Freeman,  John  Freeman,  Hardy  Dougherty, 
William  Irvin,  Joseph  Brock,  John  Brock,  Stephen  Jones,  William  Haddock, 
Jesse  Summerlin,  Andrew  Britton,  John  Stanely,  Louis  Bryant,  Amos  Amyett, 
David  Jones,  Maynard  Jones.  Witness  believes  the  full  information  can  be 
given  by  Lieutenant  Riggs,  formerly  of  the  2d  regiment,  North  Carolina  loyal 
infantry. 

Court  adjourned  to  10  o'clock  to-morrow. 

Newbeun,  N.  C,  November  3,  1865. 

Court  met — all  the  members  present. 

Fourteenth  witness  sworn : 

Lieutenant  M.  S.  Riggs:  Was  a  United  States  soldier  of  the  1st  North  Caro- 
lina loyal  infantry — a  lieutenant  in  company  B.  Witness  knew  some  of  the 
United  States  soldiers  who  were  hung  at  Kinston,  in  February,  1864,  viz  :  David 
Jones,  Hardy  Dougherty,  Louis  Bryant;  thinks  that  Franklin  Bly  and  Joseph 
Bly  can  give  information. 

Fifteenth  witness  sworn. 

Mr.  Joseph  Bly :  Lives  in  Newbern,  North  Carolina ;  a  fisherman ;  was  a 
soldier  in  the  United  States  army,  in  the  1st  North  Carolina  loyal  infantry; 
knoAvs  nothing  of  these  men,  and  can  give  no  information. 

Court  adjourned  to  meet  at  Kinston,  North  Carolina,  in  order  to  obtain  more 
information,  and  secure  the  attendance  of  more  witnesses,  on  the  7th  instant. 

Kinston,  N.  C,  November  7,  1865. 
Court  met — all  the  members  present. 

Fifteenth  witness  sworn  : 

Mr.  J.  H.  Nethercutt :  Resides  in  Jones  county,  North  Carolina ;  has  lived 
there  fourteen  years ;  took  a  part  in  the  rebellion ;  held  every  position  in  the 
rebel  service,  from  a  private  to  colonel,  nearly ;  remembers  the  hanging  of  a 
number  of  United  States  soldiers  in  February,  1864;  was  stationed  near  Kins- 
ton at  that  time,  across  the  Neuse  river;  was  not  present  at  the  execution.  Some 
of  the  men  who  were  executed  had  belonged  to  his  command  in  the  confederate 
service,  viz  :  William  Haddock,  Louis  Taylor,  Hardy  Dougherty,  A.  J.  Brit- 
ton, Louis  Bryant,  M.  Busick,  Jesse  Summerlin,  J.  C.  Brock.     These  men  had 


MURDER    OF    UNION    SOLDIERS    IN   NORTH    CAROLINA.  23 

volunteered  into  the  battalion  of  Nethercutt  rangers,  under  promise,  from  General 
R.  Ransom,  rebel  mustering  officer,  that  they  would  not  be  removed  from  their 
homes.  They  were,  however,  ordered  by  the  confederate  government  to  be 
enrolled  in  the  66th  regiment  North  Carolina  troops,  by  General  Clingman, 
and  to  report  at  Goldsborongh.  About  that  time,  8th  and  13th  battalions  were 
thrown  together,  and  constituted  the  66th  regiment  of  North  Carolina  rebel  troops. 
Witness  was  appointed  lieutenant  colonel  of  said  regiment,  by  order  of  J.  J. 
Selden,  the  rebel  secretary  of  war.  These  men,  who  were  thus  enrolled,  never 
consented  to  the  change — were  greatly  dissatisfied  with  it;  never  appeared  at 
any  muster  of  said  regiment,  never  answered  their  names,  nor  were  in  any  way 
active  members.  The  men  complained  that  they  were  unfairly  treated.  Regi- 
ment formed  in  October,  1863;  General  Pickett  in  command  of  Eastern  North 
Carolina.  Witness  had  no  desire  for  this  consolidation;  A.  D.  More  was  ap- 
pointed colonel,  and  witness  lieutenant  colonel.  The  men  above  mentioned, 
fled  to  the  Union  lines,  because  of  these  arrangements.  ^No  man  named  Elijah 
Kellum  was  at  any  time  under  his  command.  Witness  believes  that  these  men 
were  not  in  sympathy  with  the  rebellion,  and  wanted  to  get  away  from  the  rebel 
ranks,  using  the  change  of  service  as  a  pretext.  He  believes  that  A.  J.  Britton 
was  the  leading  man  in  this  business;  does  not  know  that  Britton  ever  enlisted 
in  the  rebel  army.  Witness  was  ordered,  in  February,  1864,  by  General  Hoke, 
to  come  to  Kinston,  North  Carolina,  and  recognize  his  own  men  among  the  pris- 
oners ;  saw  some  of  the  condemned  men  in  the  court-house.  This  was  after 
they  had  been  condemned.  Witness  asked  General  Hoke  to  reprieve  these 
men.  Hoke  said  he  had  orders  to  hang  them,  and  would  do  so.  Witness  be- 
lieves the  order  came  from  General  Pickett,  but  cannot  swear  to  that  fact.  Pick- 
ett was  in  command  of  the  department  of  east  North  Carolina  at  the  time.  Does 
not  know  Captain  C.  S.  Toy. 

Sixteenth  witness  sworn : 

Mr.  William  F.  Huggins :  Resides  in  Kinston,  North  Carolina ;  has  lived 
there  from  the  1st  of  1862;  was  born  in  Jones  county,  North  Carolina;  saw 
some  United  States  soldiers  on  their  way  to  execution  in  Kinston,  North  Carolina, 
February,  1S64;  knows  most  of  the  men,  in  particular  Elijah  Kellum,  a  man 
of  a  deformed  body  and  broken  constitution.  I  know  that  he  was  never  received 
into  any  rebel  regiment ;  believe  he  never  was  a  soldier ;  no  mustering  officer  would 
receive  him.  I  know  also  my  own  relative,  Louis  Bryant,  who  was  hung  also. 
Captain  R.  E.  Wilson  was  provost  marshal  at  the  time;  he  had  relieved  Croorae. 
E.  Kellum  was  hung  after  the  thirteen  who  were  hung  at  once.  These  men  were 
executed  at  three  different  times.  1st,  two  United  States  soldiers  were  hung, 
February,  1864;  2d,  thirteen  United  States  soldiers  were  hung,  February,  1864; 
3d,  seven  United  States  soldiers  were  hung,  February,  1864. 

The  rebel  General  Hoke  was  in  command  at  that  time  of  Kinston,  North 
Carolina. 

Seventeenth  witness  sworn  : 

Mr.  William  J.  Pope  :  Resides  in  Lenoir  county,  ten  miles  from  Kinston,  North 
Carolina;  is  provisional  sheriff  of  the  county  since  July,  1865;  knows  of  certain 
military  executions  at  Kinston,  North  Carolina,  of  United  States  soldiers;  was 
present  on  one  of  these  occasions  ;  heard  General  Pickett's  order  for  the  hanging 
of  the  men  read.  William  Irvin,  Hill,  and  Kellum;  thinks  they  were  hung  in 
April;  Guttford  Cox,  provost  marshal;  Thomas  Wilson  seemed  to  superintend. 

Court  adjourned. 


24  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Kinston,  North  Carolina,  November  8,  1865. 

Court  met — all  the  members  present. 

Eighteenth  witness  sworn  : 

Mr.  Aaron  Baer :  Resides  in  Kinston,  North  Carolina;  he  lived  there  about  six- 
teen years  ;  a  merchant ;  knows  of  the  execution  of  United  States  soldiers ;  knows- 
that  there  were,  first,  2,  then  13,  then  7  United  States  soldiers  hung  in  February 
and  March,  1864.  A  man  named  Huggins,  who  the  witness  saw  in  the  dungeon 
of  the  jail,  told  him  that  he  had  a  court-martial.  Witness  was  himself  put  in  the 
dungeon  on  the  charge  of  harboring  Union  men,  refugees.  Knows  Blunt  King; 
heard  that  he  hung  the  first  two.  Knows  the  man  that  hung  the  thirteen  United 
States  soldiers ;  he  was  a  tall  dark  man  with  a  cross-eye.  This  man  stopped 
at  the  store  of  the  witness  the  day  of  the  execution  and  told  him,  in  a  boastful 
manner,  that  he  had  made  a  good  day's  work,  and  was  well  paid  by  the  clothes 
of  the  hanged  men,  whose  he  had  taken.  This  man  said  that  he  had  volunteered 
to  hang  them,  and  would  do  anything  for  money.  Witness  knows  that  General 
Hoke  was  in  command  at  the  time ;  some  time  afterwards  he  was  arrested  by  the 
rebels  on  the  charge  of  being  a  Union  spy.  When  under  arrest  he  spoke  to 
General  Hoke  requesting  to  be  heard  in  his  own  defence.  Hoke  said  to  him, 
"Don't  speak  to  me,  you  damned  son  of  a  bitch."  The  witness  made  sure  of 
being  hung. 

Nineteenth  witness  sworn  : 

Mr.  James  B.  Wells :  Resides  in  Kinston ;  has  lived  there  twenty  years ;  a 
carriage- maker  by  trade;  in  1861  and  1862  he  lived  in  the  country,  but  returned 
to  Kinston  in  1863,  resided  there  ever  since;  knows  of  the  hanging  of  United 
States  soldiers  in  the  spring  of  1864;  saw  thirteen  United  States  soldiers  hung 
at  one  time;  attended  the  execution  in  order  to  get  the  body  of  William  Haddock, 
one  of  the  thirteen  hanged  men.  Saw  a  man  taking  off  the  clothes  of  the  dead 
bodies  ;  he  made  an  attempt  to  strip  Haddock,  but  witness  prevented  him  by  tell- 
ing him  he  had  an  order  for  the  body  from  General  Hoke.  This  man  was  a  tall 
stout  man,  dark-complexioned,  with  a  cross-eye.  Captain  Allen  Croome  was  in 
command  of  the  provost  guard,  and  Captain  R.  E.  Wilson  was  provost  marshal 
at  the  time.  Witness  was  present  at  a  meeting  of  a  court-martial  that  condemned 
William  Haddock ;  his  sister,  Mrs.  McCullum,  requested  him  to  accompany  her 
there,  as  she  was  trying  to  get  a  summons  for  a  witness  to  free  her  brother;  all 
was  refused  by  the  court,  and  neither  counsel  nor  witnesses  for  the  prisoners  were 
admitted.  Witness  believes  that  all  the  thirteen  United  States  soldiers  whom  he 
saw  hung  were  condemned  by  that  court. 

Twentieth  witness  sworn: 

Mr.  William  Fields:  Resides  in  Kinston,  North  Carolina;  has  lived  there  for  the 
last  twelve  years;  saw  thirteen  United  States  soldiers  in  February,  1864.  Knew 
personally  and  Avell  most  of  them,  viz.,  Mitchel  Busick,  Amos  Amyett,  Louis 
Bryant,  J.  C.  Brock,  William  Haddock,  Jesse  Sunrmerlin,  William  Jones,  Louis 
Freeman,  Calvin  Hoffman,  Stephen  Jones,  Joseph  Brock,  Louis  Taylor,  Charles 
Catherill,  W.  Hardy  Dougherty,  John  Freeman,  Irviu  Hill;  saw  these  men  hung. 
Witness  tried  to  intercede  for  these  men.  Did  not  apply  to  General  Hoke;  afraid 
to  do  so,  yet  he  is  personally  afraid  of  no  man;  visited  these  men  in  prison;  as- 
sisted to  take  the  bodies  down  from  the  gallows  for  their  friends.  Thinks  John 
White,  of  Kinston,  North  Carolina,  was  concerned  in  these  executions;  thinks 
John  White  has  run  away  to  avoid  the  investigation.  Joseph  Grey  can  tell  all 
about  these  executions ;  he  was  present  at  them  all.  Witness  believes  that  R. 
E.  Wilson,  lieutenant  in  the  rebel  army,  was  provost  marshal  in  Kinston,  North 
Carolina,  at  the  time. 

Evidence  closed. 


MURDER    OF    UNION    SOLDIERS    IN   NORTH    CAROLINA.  25 

Twenty -first  witness  sworn  : 

Mr.  Allen  Croome :  a  farmer  ;  lias  lived  in  Kinston,  North  Carolina,  since  Jan- 
nary,  1864;  witness  did  not  see  any  of  the  executions  of  United  States  soldiers ; 
he  was  captain  of  the  provost  marshal  guard,  on  duty  elsewhere ;  these  executions 
were  by  the  military  commander;  witness  saw  the  condemned  men  under  guard 
at  the  court-house ;  his  appointment  was  from  J.  J.  Seddon,  rebel  secretary  or 
war;  witness  was  in  Kinston,  North  Carolina,  when  the  thirteen  were  hung; 
thinks  Captain  Wilson,  provost  marshal,  was  not  superintending  the  execution. 
Understood  that  there  was  a  court-martial  in  session  at  that  time,  General 
Picket  in  command,  and  General  Hoke  in  command  of  the  post  of  Kins- 
ton;  General  Carse  and  some  colonel  also  in  command  about  that  time.  Cap- 
tain R.  E.  Wilson  comes  from  Salem,  North  Carolina  ;  he  did  command  the  post 
for  one  day  ;  was  provost  marshal  for  several  months ;  I  heard  rumors  that  John 
White  of  Kingston,  North  Carolina,  volunteered  to  hang  some  of  these  men. 

Twenty-second  witness  sworn : 

Mr.  S.  E.  Loften,  postmaster  in  Kinston  before  and  during  the  war ;  he  saw 
thirteen  United  States  soldiers  hung,  in  the  United  States  uniform,  in  Kingston, 
North  Carolina ;  does  not  know  whether  these  men  were  tried  by  court-martial 
or  not.  Does  not  know  who  was  in  command  of  the  post  at  the  time.  (Wit- 
ness seemed  reluctant  to  give  any  information  to  the  court.) 

Court  adjourned. 

Kinston,  N.  C,  Xocanher  9,  1865. 

Court  met — all  the  members  present. 

Twenty-third  witness  sworn  : 

Mr.  G.  W.  Cox:  Resides  iu  Pitt  county,  North  Carolina;  a  farmer ;  he  was  in 
the  State  service  of  North  Carolina  during  the  late  rebellion;  was  captain  of  the 
railroad  guard  of  A.  and  N.  C.  railroad,  to  guard  the  bridges,  &c.  This  com- 
pany was  raised  in  Pitt  county;  was  commissioned  by  Henry  T.  Clark,  gov- 
ernor of  North  Carolina;  his  company  had  its  headquarters  in  Kinston,  North 
Carolina;  he  was  made  provost  marshal  of  Kinston,  North  Carolina,  in 
January,  1864  ;  he  had  been  ordered  to  Virginia  with  his  company  ;  made  a 
written  protest  against  this,  but  went  with  his  men;  they  were  ordered  to  be 
turned  over  to  the  camp  of  instruction  or  to  volunteer  into  the  rebel  army ;  in 
order  to  get  rid  of  witness  and  his  perservering  complaints  of  the  injustice  done 
to  his  men  the  rebel  authorities  sent  him  to  Kingston,  North  Carolina,  as 
provost  marshal,  in  October,  1863;  he  was  relieved  in  February,  1864,  but 
remained  a  subordinate  in  the  office  till  April,  1864  ;  Captain  R.  E.  Wilson,  who 
was  commanding  first  battalion  of  North  Carolina  troops  from  Forsythe  county,, 
was  his  successor.  Witness  knew  of  the  execution  of  United  States  soldiers  by 
the  rebels;  he  saw  thirteen  executed  at  the  same  time  in  February,  1864;  these 
men  were  in  charge  of  General  Pickett's  division,  provost  marshal;  they  had 
been  turned  over  to  Wilson  for  safe-keeping  and  taken  from  him  before  the 
execution  ;  General  Hoke  was  present;  General  Pickett  was  near  Kinston  at 
the  time ;  knows  that  there  was  a  court-martial  upon  those  thirteen  men ;  does 
not  know  now  the  names  of  the  members  of  the  court ;  witness  went  before  the 
court  to  bear  testimony  in  favor  of  Clinton  Cox,  who  was  among  the  prisoners 
and  had  been  a  member  of  the  bridge  guard,  and  who  was  judged  not  guilty  of 
desertion,  but  was  detained  prisoner  by  the  rebels  and  died  in  prison.  Knows 
that  the  following  named  men  were  before  the  court-martial,  viz :  John  J.  Brock 
and  Stephen  Jones  ;  does  know  to  what  division  of  rebel  army  the  members  of 
this  court-martial  belonged;  did  not  hear  any  application  for  mercy  from  any 
of  these  men.  Thinks  the  court-martial  was  from  Pickett's  division  of  Virginia 
troops. 

Evidence  closed. 


26  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Twenty-fourth  witness  sworn. 

Mr.  John  A.  Parrott :  Resides  three  miles  from  Kinston,  North  Carolina ;  a 
farmer;  resided  there  during  tli3  rebellion;  never  present  at  any  military 
executions;  knew  of  the  hanging  of  thirteen  United  States  soldiers  and  assisted 
to  raise  the  body  of  one  murdered  man,  (John  J.  Brock;)  Clinton  Cox  got  off 
from  the  charge  of  desertion,  but  died  in  a  rebel  prison;  witness  knows  nothing 
more  of  the  matter  except  that  there  was  a  court-martial  held. 

Twenty- fifth  witness  sworn : 

Mr.  Bryan  McCullum:  Resides  in  Kinston,  North  Carolina;  has  lived  there  six- 
teen years  ;  keeps  a  livery  stable  and  blacksmith's  shop ;  was  not  in  the  rebel  ser- 
vice at  any  time  ;  knows  of  the  hanging  of  United  States  soldiers  in  Kinston;  his 
wife's  brother,  Wm.  0.  Haddock,  was  hung  in  February,  18C4.  The  court- 
martial  refused  to  admit  an  attorney,  or  to  receive  any  evidence  in  favor  of  the 
accused.  Witness  went  to  General  Hoke  before  the  execution,  and  asked  for 
an  order  for  the  body  of  his  brother-in-law  in  order  to  bury  it.  "  Hoke  inquired 
if  I  wanted  to  bury  him  in  the  Yankee  uniform  1  I  replied  that  I  did.  Hoke 
then  expressed  surprise  that  so  respectable  a  man  as  I  would  bury  my  brother- 
in-law  in  Yankee  uniform."  Captain  0.  S.  Dewy,  post  quartermaster,  who  had 
kindly  accompanied  me,  then  interfered  and  obtained  the  order  for  me  I  saw 
General  Hoke  at  his  headquarters  on  the  clay  before  the  execution  of  the 
thirteen  United  States  soldiers. 

Court  adjourned  to  meet  in  Newbern,  North  Carolina,  on  the  13th  of  Novem- 
ber, 1865. 

Newbern,  N.  C,  November  13,  1865. 

Court  met — all  present. 

Twenty-sixth  witness  sworn  : 

Mr.  L.  S.  Baker:  Resides  in  Newbern,  North  Carolina,  since  the  rebellion; 
was  a  brigadier  general  in  the  rebel  army;  was  in  Florida  during  the  spring  of 
1864.  I  know  nothing  of  the  execution  of  United  States  soldiers  in  Kinston, 
North  Carolina,  in  February,  1864,  as  I  was  so  far  away;  did  not  return  from 
Florida  till  June,  1864.  I  relieved  General  Winder,  who  had  been  in  command 
at  Goldsborough,  North  Carolina. 

Court  adjourned. 

November  14,  1865. 

Twenty-seventh  witness  sworn  : 

Lieutenant  W.  H.  Eddings,  14th  United  States  colored  troops,  heavy  artillery  '• 
Remembers  the  time  of  the  execution  of  the  thirteen  United  States  soldiers  of 
the  2d  North  Carolina  loyal  infantry  by  the  rebels  in  Kinston,  North  Carolina- 
At  that  time  witness  was  acting  as  sergeant  major  of  said  regiment  and  knows 
that  the  following  men  were  enlisted  and  enrolled  soldiers  in  the  2d  North  Caro- 
lina loyal  infantry :  Joseph  Hosket,  Mitchel  Busick,  Amos  Amyett,  Wm.  Had- 
dock, Charles  Cutherell,  Elijah  Kellum,  John  J.  Brock,  Andrew  J.  Britton,  Calvin 
J.  Huffman,  Joseph  Brock,  John  Freeman,  Wm.  I.  Hill,  David  Jones,  Wm.  Irvin, 
Louis  Bryant,  Louis  Taylor,  W.  Hardy  Doherty,  Jesse  J.  Summerlin,  Louis 
Freeman,  Stephen  Jones,  Wm.  Jones,  John  Stanley. 

Court  adjourned. 

Newbern,  N.  C,  November  18,  1865. 
Court  met — all  present ;    and,  having  read  over  and  revised  the  notes  of  the 
evidence,  and  approved  the  report,  adjourned  sine  die,  directing  the  recorder  to 
copy  and  send  forward  to  the  commanding  general  of  the  department  the  testi- 
mony and  report. 

W.  H.  DOHERTY\ 
Capt.  and  A.  Q.  M.,  President  of  the  Court. 


MURDER    OF    UNION    SOLDIERS    IN   NORTH    CAROLINA.  27 

This  is  a  faithful  copy  of  the  notes  taken  in  court  by  the  president,  and  agrees 
with  the  notes  taken  by  the  recorder  more  at  length. 
A  true  copy  : 

W.  H.  DOHERTY, 
Capt.  and  A.  Q.  M ,  President  of  the  Court. 
Official  copy : 

WM.  ATWOOD, 
Assistant  Adjutant  General, 


[Special  Orders  No.  217.— Extract.] 

Proceedings  of  a   court   of  inquiry  convened    at  Newbern,  North   Carolina,  in 
obedience  to  the  following  order,  viz : 

Headquarters  Department  of  North  Carolina, 

Raleigh,  N.  C,  October  19,  1S65. 
Paragraph  1.  A  board,  to  consist  of  the  following  named  officers,  is  hereby 
appointed  to  meet  at  Newbern,  North  Carolina,  on  Monday,  October  22,  1865, 
or  as  soon  thereafter  as  practicable,  to  inquire  into  and  report  upon  the  circum- 
stances connected  with  the  alleged  murder  of  a  large  number  of  United  States 
soldiers  by  the  rebels,  during  the  months  of  March,  April,  and  May,  1864. 
The  junior  member  will  act  as  recorder. 

Detail  for  the  court. — Captain  W.  H.  Doherty,  assistant  quartermaster,  Cap- 
tain B.  S.  Mills,  14th  United  States  colored  artillery,  (heavy,)  Second  Lieutenant 
J.  S.  Hopkins,  14th  United  States  colored  artillery,  (heavy.) 
By  command  of  Brevet  Major  General  Ruger. 

J.  A.  CAMPBELL, 

Assistant  Adjutant  General. 

Newbern,  N.  C,  October  23,  1865. 

The  court  met  pursuant  to  the  foregoing  order.  Present,  Captain  B.  S.  Mills, 
Captain  W.  H.  Doherty,  Lieutenant  J.  Hopkins. 

The  court  adjourned  to  meet  on  Tuesday,  October  31,  for  the  purpose  of  sum- 
moning witnesses. 

Newbern,  N.  C,  October  31,  1855 — 10  a.  m. 

The  court  met  at  10  a.  m.,  and  being  duly  constituted  and  sworn,  now  pro- 
ceeded to  examine  witnesses. 

Mrs.  Catherine  Summerlin  was  called  as  witness : 

Question.  Where  do  you  reside  ? 

Answer.  In  Craven  county,  North  Carolina. 

Question.  What  was  your  husband's  name  ? 

Answer.  Jesse  James  Summerlin. 

Question.  Was  your  husband  a  soldier  in  the  United  States  army? 

Answer.  He  was  an  enlisted  man  in  the  2d  North  Carolina  loyal  volunteers. 

Question.  Was  your  husband  ever  taken  prisoner  by  the  rebels  1 

Answer.  He  was. 

Question.  Where  was  he  taken  ? 

Answer.  Near  Batchelor's  creek,  North  Carolina. 

Question.  When  was  he  taken  prisoner  ? 

Answer.  About  the  1st  of  February,  1864. 

Question.  When  did»you  see  your  husband  first  after  his  capture? 

Answer.  At  Kinston,  North  Carolina,  in  prison,  after  he  was  condemned  to 
be  hung,  on  Sunday,  as  he  was  hung  the  next  day,  Monday. 


28  MURDER    OF    UNION    SOLDIERS    IN   NORTH    CAROLINA. 

Question.  How  long  did  they  allow  you  to  see  your  husband  at  a  time  1 

Answer.  I  saw  him  twice  about  three-fourths  of  an  hour,  on  Sunday,  and  a 
quarter  of  an  hour  on  Monday,  the  day  he  was  hung. 

Question.  Did  you  know  any  of  the  rebel  officials,  and  what  part  did  they 
take  with  reference  to  the  prisoners  1 

Answer.  I  knew  a  Colonel  Baker,  who  came  to  my  residence  while  my  hus- 
band was  in  prison,  and  took  my  horse,  and  ordered  soldiers  to  take  my  pro- 
visions. 

Question.  Did  you  know  any  one  of  the  men  who  assisted  in  hanging  your 
husband  ? 

Answer.  I  knew  Sheriff  Fields,  who  admitted  me  to  the  prison,  and  also  took 
my  husband's  body  from  the  gallows,  and  gave  his  body  to  me  after  lie  was 
dead.     His  body  was  given  me  the  next  day  after  he  was  executed". 

Question.  Did  you  know  any  other  officers  ? 

Answer.  One  Captain  Sutherland  also  was  present,  and  Qfficiated  at  the  ex- 
ecution. They  kept  me  under  guard  at  my  house  in  Jones  county,  three 
days  after  my  husband  was  executed.  My  husband  was  hung  at  Kinston, 
in  an  old  field  back  of  the  town;  I  was  present  but  did  not  see  him  hung;  I 
could  not  look  at  him.  I  knew  he  was  hung  because  I  received  his  dead  body 
after  he  was  executed,  and  heard  the  scaffold  fall  from  under  him.  He  was 
hung  on  the  14th. 

Question.  Were  there  any  other  persons  than  your  husband  hung  ? 

Answer.  I  saw  thirteen  men,  and  they  were  said  to  have  been  hung ;  my 
feelings  would  not  permit  me  to  see  them  hanged.  I  saw  six  dead  bodies  that 
were  executed  besides  my  husband.  Their  names  were  John  Brock,  Joel  Brock, 
Hardy  Dougherty,  Stephen  Jones,  Andrew  Britton,  and  William  Haddock,  who 
gave  me  his  clothes  to  give  to  his  mother. 

Question.  Did  these  bodies  have  clothes  on  when  you  saw  them  ? 

Answer.  The  two  Mr.  Brocks  had  ;  the  others  were  partially  stripped,  except 
their  under-clothes.     Some  entirely. 

Question.  What  was  done  with  the  dead  bodies? 

Answer.  Their  bodies  were  given  to  their  relatives  if  called  for;  the  most  of 
them  were  called  for ;  but  the  wives  of  some,  within  the  Union  lines,  could  not 
get  their  bodies. 

Question.  How  far  do  you  live  from  Kinston,  North  Carolina  1 

Answer.  About  twenty  miles. 

Question.  How  did  you  get  the  body  of  your  husband  home'? 

Answer.  William  Fields,  sheriff,  conveyed  it  there  for  me. 

Question.  How  many  children  have  you  ? 

Answer.  I  have  five. 

Question.  Did  the  rebels  take  much  property  from  you  1 

Answer.  They  took  all  I  had. 

Question.  Was  your  husband  in  the  confederate  army? 

Answer.  Yes,  he  was  conscripted. 

Question.  Do  you  kuow  what  organization  of  rebel  troops  he  was  in  1 

Answer.  The  eighth  battalion  of  North  Carolina  troops. 

Question.  Was  your  husband  taken  into  the  rebel  service  by  force'? 

Answer.  Yes;  there  was  an  armed  party  came  to  his  house  and  took  him 
away  by  force.    He  afterwards  escaped  and  came  to  Newbern,  North  Carolina. 

Second  witness,  Mrs.  Stephen  Jones,  sworn  and  testified  as  follows : 

Question.  What  is  your  name  % 

Answer.  Elizabeth  Jones. 

Question.  What  was  your  husband's  name  ? 

Answer.  Stephen  Jones. 

Question.  Where  do  you  live  ? 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  2d 

Answer.  About  one  mile  and  a  half  from  Kinston,  in  Lenoir  county. 

Question.  Was  your  husband  ever  in  the  confederate  service  ? 

Answer.  Yes,  he  was;  he  volunteered  in  that  service. 

Question.  How  long  was  he  in  that  service? 

Answer.  He  was  in  a  number  of  times,  but  was  sickly  and  discharged ;  the  last 
time  he  was  taken  by  force — conscripted. 

Question.  Did  your  husband  desert  from  the  rebel  service? 

Answer.  He  did,  and  he  came  inside  the  Union  lines  and  enlisted  in  the 
Union  army. 

Question.  Do  you  know  when  he  enlisted  in  the  Union  army? 

Answer.  In  December,  1SG3. 

Question.  Did  you  see  your  husband  after  he  was  taken  prisoner  ? 

Answer.  Yes;  I  saw  him  in  the  court-house  and  jail  at  Kinston,  North  Caro- 
lina. 

Question.  Did  you  know  any  of  the  names  of  the  rebel  officers  at  Kinston? 

Answer.  I  saw  General  Hoke ;   I  think  he  was  in  command  at  that  time. 

The  court  adjourned  until  2  p.  m.,  when  the  third  witness,  Mr.  A.  N.  Daniels, 
being  sworn,  testified  as  follows : 

Question.  What  is  your  name  ? 

Answer.  A.  N.  Daniels. 

Question.  Where  do  you  reside? 

Answer.  At  Kinston,  North  Carolina. 

Question.  What  is  your  business  ? 

Answer.  A  harness-maker. 

Question    Where  were  you  born? 

Answer.  In  Connecticut.     Am  thirteen  years  a  resident  of  North  Carolina. 

Question.  Did  you  know  any  of  the  men  said  to  have  been  hung  by  the  rebel 
authorities? 

Answer.  A  part  of  them. 

Question.  Who  did  you  know? 

Answer.  I  knew  Wm.  0.  Haddock,  Jesse  Summerlin,  Wm.  Jones,  Stephen 
Jones,  Hardy  Dougherty,  Joseph  Brock,  John  Brock,  and  Andrew  Britton. 

Question.  Did  you  see  these  men  hung? 

Answer.  I  did,  and  assisted  in  taking  down  one  body  after  death. 

Question.  How  many  did  you  see  hung  at  this  time? 

Answer.  I  saw  thirteen. 

Question.  Did  you  have  anything  to  do  with  burying  these  men? 

Answer.  One  of  them,  Mr.  Wm.  0.  Haddock,  I  cut  him  down  and  helped 
bury  him. 

Question.  Who  helped  you  to  bury  this  man? 

Answer.  Mr.  James  B.  Webb,  Daniel  Brock,  and  Isaiah  Wood. 

Question.  How  many  were  buried  there? 

Answer.  Most  all;  there  was  only  one  or  two  that  was  given  to  their  friends. 

Question.  Do  you  know  who  was  in  command  of  Kinston  at  that  time? 

Answer.  Hoke  was  in  command  of  the  post,  and  Pickett  in  command  of  east- 
ern North  Carolina. 

Question.  Did  you  know  a  man  called  Colonel  Nethercutt? 

Answer.  I  did. 

Question.  Was  he  there  at  this  time? 

Answer.  I  did  not  see  him. 

Question.  Do  you  know  if  these  men  were  tried  by  a  court-martial  ? 

Answer.  I  understood  they  were. 

Question.  Do  you  know  any  rebel  officer  presiding  at  the  execution? 

Answer.  I  do  not. 


30  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Question.  Was  there  any  more  executions  in  Ivinston  besides  this  that  you 
Avitnessed? 

Answer.  Yes;  there  were  some  hung  before  and  some  after  this. 

Question.  How  many  did  you  see  hung? 

Answer.  I  saw  them  all  hung — some  twenty-three,  I  think. 

Question.  What  did  you  understand  the  charge  against  them  was  ? 

Answer.  I  understood  all  were  charged  with  desertion. 

Question.  Had  the  man  that  you  buried  any  family  ? 

Answer.  No ;  his  sister,  Mrs.  Bryan  McCullen,  requested  me  to  bury  him. 

Question.  Have  you  ever  been  in  the  rebel  service? 

Answer.  Yes;  I  was  in  that  service  eleven  months. 

Question.  Did  you  know  a  man  by  the  name  of  John  O'Connor? 

Answer.  I  did. 

Question.  Was  he  there  at  this  time? 

Answer.  He  was. 

Question.  Did  he  have  any  part  in  this? 

Answer.  I  do  not  think  he  did. 

Question.  Do  you  know  a  man  by  the  name  of  Blunt  King? 

Answer.  I  do  by  sight;  he  acted  as  hangman  at  one  of  the  other  hangings; 
cannot  say  whether  before  or  after. 

Question.  Do  you  know  the  man  who  acted  as  hangman  on  this  occasion  ? 

Answer.  No;  I  do  not. 

Question.  Do  you  know  who  held  these  men  in  confinement? 

Answer.  I  do  not  know. 

Question.  How  were  they  treated  in  confinement? 

Answer,  I  think  well,  for  the  neighbors  provided  for  them. 

Fourth  witness,  Mrs.  Stephen  Jones,  recalled  and  testified  as  follows : 

Question.  How  long  did  you  see  your  husband  after  his  capture  before  he  was 
hung  ? 

Answer.  1  visited  him  frequently  for  two  weeks  before  his  death. 

Question.  Did  the  authorities  treat  and  provide  well  for  your  husband? 

Answer.  No,  they  did  not ;  I  carried  bedding  to  him  myself  to  keep  him  from 
lying  on  the  floor. 

Question.  Did  you  make  any  attempt  to  intercede  for  your  husband? 

Answer.  No,  I  did  not;  I  was  told  it  would  be  useless. 

Question.  When  did  you  last  see  him  ? 

Answer.  Monday  morning;  he  was  killed  that  same  day. 

Question.  How  many  men  were  executed  at  the  time  your  husband  was  ? 

Answer.  Thirteen;  1  did  not  see  them  hung,  for  I  could  not  stand  and  see  it. 
I  carried  my  husband's  body  home  with  me  that  same  day. 

Question.  Did  you  know  Major  Nethercutt  ? 

Answer.  I  did ;  but  I  do  not  know  whether  he  had  anything  to  do  with  them 
or  not.     I  know  he  was  there,  for  I  saw  him  in  the  jail. 

Question.  Have  you  a  family  ? 

Answer.  One  child. 

Fifth  witness,  Mrs.  Nancy  Jones,  sworn  and  testified  as  follows : 

Question.  What  is  your  name? 

Answer.  Nancy  Jones. 

Question.  What  was  your  husband's  name? 

Answer.  William  Jones. 

Question.  Where  do  you  live  ? 

Answer.  In  Lenoir  county,  twelve  miles  from  Kinston,  North  Carolina. 

Question.  What  time  did  your  husband  join  the  Union  army? 


MURDER    OP    UNION    SOLDIERS    IN   NORTH    CAROLINA.  31 

Answer.  He  told  me  that  he  had  enlisted,  but  I  do  not  know  the  exact  time : 
some  time  in  January,  1864. 

Question.  Do  you  know  that  he  was  captured  by  the  rebels,  and  when1? 

Answer.  Yes;  I  know  he  was  captured  by  the  rebels  some  time  in  the  begin- 
ning of  February,  1864,  together  with  others  of  the  same  regiment. 

Question.  Did  you  see  your  husband  after  he  was  captured? 

Answer.  I  was  allowed  to  stay  one  hour  with  him;  it  was  Sunday  morning 
and  he  was  killed  the  next  day. 

Question.  Do  you  know  when  they  were  hung  ? 

Answer.  On  the  15th  of  February,  1864. 

Question.  Where  was  he  confined  at  the  last  time  you  saw  him  ? 

Answer.  In  the  dungeon  of  Kinston  jail. 

Question.  Did  you  get  your  husband's  body  after  execution  ? 

Answer.  Yes  ;  I  had  him  carried  home. 

Question.  Have  you  a  family  ? 

Answer.  I  have  a  family  of  five  children. 

Question.  What  condition  was  your  husband's  body  in  when  you  received  it? 

Answer.  He  had  nothing  on  but  his  socks  ;  I  could  not  take  home  my  hus- 
band's body  for  want  of  a  conveyance.  I  went  home  on  Wednesday  morning, 
and  sent  my  son,  aged  15,  and  nephew,  aged  17,  after  the  body  ;  could  get  no 
one  else  to  go.  It  was  a  week  before  I  could  obtain  the  body.  My  son  found 
the  body  a  week  after  the  execution  in  an  old  loft,  in  charge  of  a  guard  placed 
over  it  by  a  doctor.  The  guard  refused  to  let  the  body  go  until  permission  was 
given  by  the  doctor.  Plenty  would  have  been  glad  to  have  assisted  me,  but  did 
not  dare  to  for  fear  of  being  called  Unionists. 

Sixth  witness,  Mrs.  C.  J.  Brock,  sworn  and  testified  as  follows  : 

Question  What  is  your  name? 

Answer.  Celia  Jane  Brock. 

Question.  What  was  your  husband's  name? 

Answer.  John  J.  Brock. 

Question.  Was  your  husband  a. soldier  in  the  Union  army? 

Answer.   Yes,  he  was.. 

Question.  When  did  he  join  the  army  ? 

Answer.  I  do  not  know;  some  time  in  the  winter  of  1864. 

Question.  Was  he  taken  prisoner  by  the  rebels  ? 

Answer.  Yes,  he  was. 

Question.  When  was  he  taken  prisoner,  and  where  ? 

Answer.  Early  in  the  month  of  February,  at  Beech  Grove,  North  Carolina. 

Question.  Where  do  you  live? 

Answer.  Four  miles  from  Kinston,  North  Carolina,  on  the  Wilmington  road, 
Lenoir  county. 

Question.  When  did  you  see  your  husband  after  being  taken  prisoner  ? 

Answer.  A  little  over  a  week  before  he  was  killed. 

Question.  When  did  you  last  see  your  husband  alive  ? 

Answer.  He  went  to  be  baptized  on  the  morning  of  his  execution ;  I  saw  him 
then  for  the  last  time  alive. 

Question.  Did  you  see  your  husband  executed  ? 

Answer.  No,  I  could  not  look  at  him  being  hung. 

Question.  Did  you  receive  your  husband's  body  ? 

Answer.  Yes,  I  took  his  body  home  that  night. 

Question.  Did  they  rob  his  body  of  clothing? 

Answer.  He  had  on  nothing;  but  old  cast-off  clothing;. 

Question.  Who  was  in  command  of  Kinston  at  this  time? 

Answer.  General  Hoke. 


32  MTJEDEE    OF    UNION    SOLDIEES    IN    NORTH    CAROLINA. 

Question.  Do  you  know  who  had  charge  of  the  jail? 

Answer.  Captain  Kit  Davis. 

Question.  Was  your  husband  in  the  dungeon  of  the  jail? 

Answer.  Yes  ;  I  saw  him  in  there. 

Question.  How  was  he  treated  while  in  prison? 

Answer.  Very  badly  ;  he  told  me  he  had  but  four  crackers  to  eat  in  four  days. 
After  I  got  to  Kinston  he  fared  better:  I  then  supplied  him  with  food  until  his 
<leath.     All  the  others  said  the  same. 

Question.  Have  you  a  family? 

Answer.  I  have  one  child. 

Question.  Have  you  any  property? 

Answer.  I  have  none. 

Question.  Did  you  ask  any  one  to  let  your  husband  go  ? 

Answer.  Yes,  but  without  success. 

Adjourned  until  Wednesday,  November  1,  at  10  a.  m. 

Wednesday,  November  1,  1865 — 10  a.m. 

The  court  having  met,  and  all  being  present,  then  proceeded  to  examine  the 
seventh  witness. 

Mr.  Isaiah  Wood,  being  sworn,  testified  as  follows  : 

Question.  What  is  your  name  ? 

Answer.  Isaiah  Wood. 

Question.  Where  do  you  reside  ? 

Answer.  In  Kinston,  North  Carolina. 

Question.  Were  you  present  at  an  execution  of  Union  soldiers,  at  Kinston, 
North  Carolina? 

Answer.  I  was  present  when  thirteen  men  were  hung,  and  at  two  other  hang- 
ings— about  twenty  in  all. 

Question.   Who  were  these  men  that  were  executed? 

Answer.  They  were  captured  from  the  Union  army. 

Question.  Can  you  tell  any  of  their  names,  and  what  are  they? 

Answer.  I  can;  the  names  were,  Jesse  Summerlin,  Stephen  Jones,  Wm.  D. 
Jones,  Andrew  Britton,  John  Stanley,  Wm.  0.  Haddock,  John  Freeman,  Elijah 
Kellum,  Mitchel  Busick,  Louis  Freeman,  Wm.  Irvine,  Amos  Aymett,  and  a  Mr. 
Bryan ;  Kellum  was  hung  after  the  thirteen. 

Question.  What  was  the  largest  number  you  ever  saw  hung  at  once  ? 

Answer.  Thirteen. 

Question.  Do  you  know  who  acted  as  hangman? 

Answer.  I  did,  but  have  forgotten  his  name. 

Question.  When  were  these  men  hung? 

Answer.  Some  time  in  February,  1864. 

Question.  What  is  your  occupation  ? 

Answer.  County  jailer,  and  was  before  the  war;  am  still  in  charge  of  the 
county  jail  of  Lenoir  county,  North  Carolina. 

Question.  Were  you  acquainted  with  Sheriff  Fields,  of  Kinston,  North  Carolina  ? 

Answer.  Well  acquainted. 

Question.  Did  you  know  one  Major  Nethercutt  ? 

Answer.  I  did. 

Question.  Was  he  in  charge  of  these  men  at  the  time  they  were  hung? 

Answer.  I  cannot  say ;  I  do  not  know  whether  he  was  or  not. 

Question.  Do  you  know  whether  these  men  were  tried  by  court-martial  or  not? 

Answer.  I  do  not  know. 

Question.  Did  you  know  a  man  named  John  0.  Connor1? 

Answer.  I  did. 

Question.  What  was  his  business  around  Kinston  ? 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  33 

Answer.  A  kind  of  a  scout. 

Question.  Was  he  present  at  the  execution  ? 

Answer.  I  do  not  know. 
»     Question.  How  many  hangings  were  there1? 

Answer.  At  one  time  thirteen;  at  another,  five;  another,  two;  and  there  were 
some  that  were  shot,  but  I  do  not  know  how  many. 

Question.  How  many  of  these  shootings  were  you  present  at? 

Answer.  I  was  not  present  at  any,  but  I  saw  the  men  taken  from  the  jail? 

Question.  Do  you  know  Blunt  King  ? 

Answer.  I  did  know  him. 

Question.  Did  you  see  him  act  as  hangman  at  any  of  these  executions? 

Answer.  Yes ;  he  told  me  that  he  volunteered  to  hang  them.  It  was  not  at  the 
time  the  thirteen  were  hung,  but  one  of  the  others. 

Question.  Did  you  see  any  of  these  men  buried1? 

Answer.  Yes ;  I  helped  bury  one ;  some  of  them  were  carried  off  by  their 
friends;  the  others  were  buried  at  the  foot  of  the  gallows. 

Question.  Did  you  have  anything  to  do  with  the  others  ? 

Answer.  Mrs.  Irvine  requested  me  to  find  her  son's  body,  but  I  could  not  find 
his  grave  to  distinguish  it. 

Eighth  witness  sworn,  and  testified  as  follows: 

Question.  What  is  your  name1? 

Answer.  Windsor  Coker. 

Question.  Where  do  you  reside? 

Answer.  In  Kinston. 

Question.  What  is  your  business  ? 

Answer.  Before  the  Avar,  coach-painting;   since  then,  shoemaker. 

Question.  How  long  have  you  lived  in  Kinston  ? 
••    Answer.  About  fourteen  years. 

Question.  Were  you  born  in  the  State? 

Answer.  I  was. 

Question.  Were  you  there  during  the  war? 

Answer.  Some  of  the  time  I  was,  and  some  of  the  time  in  the  rebel  army. 

Question.  Did  you  ever  know  of  any  military  executions  in  Kinston? 

Answer.  I  saw  thirteen  men  hung. 

Question.  When  was  that  ? 

Answer.  On  the  15th  of  February,  1S64. 

Question.  Did  you  know  any  of  the  names  of  the  persons  who  were  hung? 

Answer.  I  did ;  the  names  were  Jesse  Summerlin,  John  Brock,  John  J.  Brock, 
two  Joneses,  and  Wm.  Haddock ;  that  is  all  I  know. 

Question.  Do  you  know  who  was  in  command  of  Kinston  at  this  time? 

Answer.  I  did  know  at  the  time  ;  I  have  forgotten. 

Ninth  witness  sworn,  and  testified  as  follows  : 

Question.  What  is  your  name  ? 

Answer.  Daniel  S.  Brock. 

Question.  Where  do  you  reside? 

Answer.  In  Kinston,  North  Carolina. 

Question.  What  is  your  business  ? 

Answer.  Employed  as  an  agent  for  the  firm  of  Dibble  &  Brothers. 

Question.  Were  you  present  at  any  military  executions  at  Kinston,  North 
Carolina? 

Answer.  Yes,  at  one  when  two  men  were  hung,  one  named  David  Jones;  at 
another  a  few  days  afterward  when  thirteen  man  were  hung;  again  at  another, 
when  two  men  were  hung. 

Question.  Do  you  remember  the  date  of  the  first  hanging? 
Ex.  Doc.  98 3 


34  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Answer.  No;  it  was  a  few  days  previous  to  the  15th  of  February,  1864. 

Question.  Do  you  know  the  date  of  the  third  1 

Answer.  I  do  not  recollect;  am  under  the  impression  that  it  was  in  March. 
There  were  four  others  hung  that  I  was  not  present  at. 

Question.  Did  you  reside  in  Kinston  during  the  war  ? 

Answer.  Yes,  the  whole  time,  and  previous  to  the  war. 

Question.  Do  you  know  who  was  in  command  of  Kinston  at  this  time  1 

Answer.  I  do  not ;  am  under  the  impression  it  was  General  Hoke. 

Question.  Did  you  know  Major  Nethercutt  at  this  time  1 

Answer.  I  did,  very  well ;  do  not  know  as  he  had  anything  to  do  with  this. 

Question.  Was  Blunt  King  there,  and  did  you  know  him  ? 

Answer.  He  was  there.     I  am  acquainted  with  him. 

Question.  What  part  did  King  take  in  the  execution  of  these  men  ? 

Answer.  I  saw  him  cutting  buttons  from  the  clothes  of  the  bodies. 

Question.  Can  you  say  whether  King  acted  as  an  executioner  or  not  1 

Answer.  Cannot ;  never  saw  him  do  anything  but  cut  buttons  from  the 
clothes  of  the  men  that  were  hung. 

Question.  Where  does  he  reside  now  ? 

Answer.  In  Goldsborough,  North  Carolina. 

Question.  Do  you  know  any  of  these  men  that  were  hung,  and  what  were 
their  names  1 

Answer.  Most  all  of  them  ;  I  knew  the  following,  and  saw  them  hanged,  that 
I  was  personally  acquainted  with :  Mitchell  Busick,  John  Freeman,  Louis  Free- 
man, Elijah  Kellum,  Hardy  Dougherty,  William  Irvine,  Joseph  Brock,  John 
Brock,  Stephen  Jones,  William  Jones,  William  Haddock,  Jesse  Summerlin, 
Andrew  Britton,  John  Stanley,  Lewis  Bryan,  Lewis  Taylor,  Amos  Amyett, 
and  David  Jones. 

Question.  Did  you  know  John  O'Connor  ? 

Answer.  I  did  ;  cannot  say  he  was  there  at  any  of  these  executions. 

Adjourned  until  2  p.  m. 

Court  met  pursuant  to  adjournment.  Was  then  introduced  tenth  witness, 
It.  W.  King,  and  being  duly  sworn,  testified  as  follows  : 

Question.  What  is  your  name  ? 

Answer.  R.  W.  King. 

Question.  Where  do  you  live  1 

Answer.  At  Kinston,  North  Carolina. 

Question.  What  is  your  occupation  1 

Answer.  A  farmer. 

Question.  How  long  have  you  resided  in  Kinston? 

Answer.  Thirty-two  years. 

Question.  Did  you  ever  know  of  any  military  executions  in  Kinston  1 

Answer.  Yes,  at  three  different  times;  I  was  not  present  at  any  ;  I  helped  to 
bury  Mr.  Win.  Haddock,  who  was  hung  there. 

Question.  Who  was  in  command  of  Kinston  at  that  time? 

Answer.  General  Hoke.  Am  under  the  impression  that  General  Pickett  was 
in  command  of  department  at  this  time. 

Question.  Did  you  see  the  hanging  of  these  men  1 

Answer.  At  a  distance. 

Question.  Were  these  men  United  States  soldiers  ? 

Answer.  Yes,  they  were;  they  were  said  to  be  deserters  from  the  rebel  army. 

Question.  Did  you  know  Major  Nethercutt,  and  was  he  in  town  at  that  time  ? 

Answer.  I  did  know  him;  do  not  know  whether  he  was  there  or  not. 

Question.  Did  you  see  these  men  while  in  prison  1 

Answer.  Yes,  I  did. 

Question.  Did  you  know  any  of  these  men  that  were  hung  ? 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  35 

Answer.  Knew  most  of  them. 

Question.  Did  you  know  what  troops  were  in  charge  of  them  ? 

Answer.  I  think  they  were  Virginia  troops;  I  think  that  Guilford  W.  Cox, 
Pitt  county,  was  provost  marshal  at  that  time.  He  came  inside  the  Union  lines 
and  joined  the  United  States  army.     Had  my  farm  destroyed  by  the  rebels. 

Question.  Do  you  know  how  these  men  were  treated  while  in  prison  ? 

Answer.  I  do  not;  I  gave  a  bed-quilt  to  one  of  them. 

Question.  Did  you  ever  see  Blunt  King? 

Answer.  Yes;  he  was  said  to  have  volunteered  to  hang  some  of  these  men. 

Eleventh  witness  sworn,  and  testified  as  follows  : 

Question.  What  is  your  name  ? 

Answer.  George  W.  Camp. 

Question.  Where  do  you  reside  ? 

Answer.  In  Kinston,  North  Carolina. 

Question.  What  is  your  business  ? 

Answer.  A  merchant,  and  ordained  Baptist  preacher. 

Question.  Did  you  ever  know  or  see  any  military  executions  at  Kinston, 
North  Carolina  ? 

Answer.  Yes;  I  was  present  at  an  execution  of  thirteen  men. 

Question.  When  was  this  ? 

Answer.  In  February,  1S64. 

Question.  Were  these  men  United  States  soldiers  ? 

Answer.  Yes ;  they  were  captured  from  the  United  States  army. 

Question.  Did  yon  know  these  men? 

Answer.  All  by  sight,  and  a  few  by  name. 

Question.  Did  you  baptize  any  of  those  men  before  they  were  hung  ? 

Answer.  Yes ;  two,  their  names  were  John  and  Joseph  Brock. 

Question.  Can  you  recall  any  more  of  these  men's  names  ? 

Answer.  I  think  there  was  one  Freeman,  Summerlin,  Jones,  Dougherty;  there 
was  a  pamphlet  published  in  Raleigh,  I  think,  giving  all  the  particulars. 

Question.  Did  you  know  any  of  the  officers  who  were  in  charge  at  that  time  ? 

Answer.  Do  not ;  think  Hoke  was  in  charge  of  the  vicinity  of  Kinston,  and 
Pickett  in  charge  of  the  department. 

Question.  Did  you  know  Major  Nethercutt,  and  was  he  present  at  that  time  ? 

Answer.  I  do;  and  as  far  as  I  recollect,  he  was  present  at  that  time. 

Question.  Do  you  know  who  was  provost  marshal  of  Kinston  at  that  time? 

Answer.  Think  Captain  Allen  Croom ;  Lieutenant  Kit  Davis  was  his  assist- 
ant provost  marshal. 

Question.  Did  you  visit  these  prisoners  frequently? 

Answer.  I  visited  them  twice;  they  were  confined  in  the  old  jail. 

Question.  Do  you  know  how  they  fared  while  in  prison  ? 

Answer.  I  do  not;  it  was  just  previous  to  their  execution  I  visited  them. 

Question.  Was  the  man  who  adjusted  the  rope  a  soldier  ? 

Answer.  I  do  not  know;  think  he  belonged  to  some  regiment  there. 

Question.  Do  you  know  if  an  application  was  made  to  any  one  for  mercy  ? 

Answer.  I  think  Sheriff"  Fields  did,  without  success. 

Question.  Did  you  hear  or  know  of  any  one  being  more  bitter  than  another  in 
pressing  this  matter  forward  ? 

Answer.  I  did  not. 

Question.  Did  you  know  whether  these  men  were  tried  by  a  court-martial  or 
not  ? 

Answer.  I  did  not;  I  think  they  were. 

Question.  Did  you  attend  any  of  these  men  at  their  death  ? 

Answer.  I  did,  one  or  two,  at  request  of  their  friends. 

Adjourned  until  10  a.  rn.  Thursday,  November  2,  1865. 


36  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 


Thursday,  November  2,  1865 — 10  a.  m. 

Court  met  pursuant  to  adjurnment;  and  the  twelfth  witness,  being  sworn,  testi- 
fied as  follows  : 

Question.  What  is  your  name  ? 

Answer.  J.  H.  Dibble. 

Question  Where  do  you  live  ? 

Answer.  In  Kinston,  North  Carolina. 

Question.  What  is  your  occupation? 

Answer.  Carriage  manufacturer. 

Question.  How  long  have  you  resided,  in  Kinston,  North  Carolina? 

Answer.  About  twenty-two  years. 

Question.  Were  you  there  during  the  rebellion  ? 

Answer.  Yes,  excepting  six  months  that  I  was  in  prison. 

Question.  By  whom  were  you  imprisoned  ? 

Answer.  By  the  confederate  authorities. 

Question.  What  were  you  confined,  in  prison  for  ? 

Answer.  I  do  not  know,  unless  it  was  my  northern  birth. 

Question.  Did  you  ever  see  any  military  executions  at  Kinston,  North  Caro- 
lina ? 

Answer.  I  did  not;  I  could  see  the  gallows  from  my  house,  but  did  not  go  down. 

Question.  Do  you  know  who  was  in  charge  of  Kinston  at  that  time  ! 

Answer.  Do  not;  am  under  impression  that  Hoke  was  in  charge  of  the  field, 
and  Pickett  in  charge  of  the  post ;  they  were  both  there. 

Question.  Do  you  know  who  was  sheriff  at  this  time  ? 

Answer.  Mr.  Fields. 

Question.  Who  was  provost  marshal? 

Answer.  Captain  Wilson. 

Question.  Where  does  he  now  reside  ? 

Answer.  In  the  western  part  of  the  State. 

Adjourned  until  2  p.  m. 

Court  met  pursuant  to  adjournment;  and  the  thirteenth  witness,  being  sworn, 
testified  as  follows : 

Question.  What  is  your  name  ? 

Answer.  0.  S.  Dewey. 

Question.  Where  do  you  reside  ? 

Answer.  At  High  Point,  North  Carolina. 

Question.  Have  you  resided  in  Kinston  any  part  of  the  past  four  (4)  years  ? 

Answer.  Yes,  some  of  the  time. 

'Question.  When  did  you  live  in  Kinston? 

Answer.  From  the  15th  of  March,  1862,  until  the  11th  of  March,  1865. 

Question.  How  were  you  employed  during  that  time? 

Answer.  I  was  post  quartermaster  in  the  confederate  service. 

Question.  Were  you  ever  at  any  military  executions  in  Kinston,  North  Caro- 
lina? 

Answer.  Yes ;  I  was  at  the  execution  of  two  colored  men,  shot  by  order  of 
Colonel  Williams,  and  knew  by  hearsay  that  some  United  States  soldiers  were 
hung. 

Question.  Who  was  in  command  of  Kinston  when  these  executions  took  place  ? 

Answer.  General  Hoke  was,  and  General  Pickett  in  command  of  the  depart- 
ment. 

Question.  Who  was  provost  marshal  of  Kinston  at  that  time  ? 

Answer.  I  think  his  name  was  Wilson,  captain  in  1st  North  Carolina  sharp- 
shooters. 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  37 

Question.  Was  Major  Xethercutt  there  at  this  time  ? 

Answer.  Cannot  say,  although  I  know  the  man  well. 

Question.  Who  had  this  execution  in  charge? 

Answer.  As  far  as  I  can  recollect  it  was  a  Captain  John  D.  Stafford.  The 
reason  it  was  him,  is  because  he  applied  to  me  for  rope  to  hang  the  men,  which 
I  did  not  have.     I  think  he  afterwards  got  it  from  a  gunboat. 

Question.  Do  you  know  if  these  men  had  a  court-martial  ? 

Answer.  I  do  not  know. 

Question.  Did  you  know  these  men  personally  ? 

Answer.  Not  one  of  them. 

Question.  Who  was  commissary  of  subsistence  ? 

Answer.  Captain  William  C.  King. 

Question.  Does  he  reside  there  now  ?     (Beaufort,  North  Carolina.) 

Answer.  He  does  at  present,  I  believe. 

Question.  Do  you  remember  of  hearing  of  other  executions  besides  the  thirteen  ? 

Answer.  Yes,  I  have  heard  of  others. 

Fourteenth  witness  was  then  sworn,  and  testified  as  follows  : 

Question.  What  is  your  name? 

Answer.  C.  C.  Phillips. 

Question.  Where  do  you  reside  ? 

Answer.  In  Kinston  at  present. 

Question.  Were  you  acquainted  with  any  United  States  soldiers  said  to  have 
been  executed  at  Kinston  by  the  rebel  authorities  ? 

Answer.  Yes,  I  was. 

Question.  What  men  do  you  know,  that  were  United  States  soldiers,  said  to 
have  been  executed  there  ? 

-Answer.  Mitchell  Busick,  John  Freeman,  Louis  Freeman,  Hardy  Dougherty, 
William  Irvine,  Joseph  Brock,  John  Brock,  Stephen  Jones,  William  Haddock, 
Jesse  J.  Summerlin,  Andrew  Britton,  John  Stanley,  Louis  Bryan,  Amos  Aymett 
and  David  Jones. 

Adjourned  until  10  a.  m.  Friday,  November  3,  1865. 

The  court  met  pursuant  to  adjournment,  and  the  fourteenth  witness  was  sworn, 
and  testified  as  follows  : 

Question.  What  is  your  name? 

Answer.  M.  L.  Biggs. 

Question.  Were  you  ever  a  member  of  the  2d  North  Carolina  loyal  infantry? 

Answer.  No ;  I  was  a  member  of  the  1st  North  Carolina  loyal  volunteers. 

Question.  Were  you  an  officer  in  that  regiment  ? 

Answer.  Yes,  I  was  a  lieutenant  in  company  B. 

Question.  Were  there  ever  any  of  your  regiment,  taken  prisoners  that  were 
executed  ? 

Answer.  I  believe  not. 

Question.  Were  you  ever  acquainted  with  any  United  States  soldiers,  said  to 
have  been  executed  at  Kinston,  North  Carolina? 

Answer.  I  was  with  some. 

Question.  Name  them. 

Answer.  David  Jones,  Hardy  Dougherty,  Lewis  Bryan. 

Fifteenth  witness,  Joseph  Bly,  sworn  : 

The  testimony  of  this  witness  not  taken,  as  it  was  of  no  use.  Adjourned  to 
Kinston,  North  Carolina,  to  meet  at  10  a.  m.,  Tuesday,  November  7,  1S65. 


MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 


Kinstox,  N.  C,  November  7,  1865 — 10  a.  m. 
The  court  met  pursuant  to  adjournment,  but  owing  to  want  of  witnesses,  ad- 
journed until  2  p.  m.,  when  the  sixteenth  witness  was  sworn,  and  testified  as 
follows  : 

Question.   What  is  your  name? 

Answer.  J.  H.  Nethercutt. 

Question.  "Where  do  you  reside  ? 

Answer.  At  present  in  Jones  county,  North  Carolina. 

Question.  How  long  have  you  resided  there  ? 

Answer.  Sixteen  years  next  January. 

Question.  Did  you  take  any  part  in  the  late  rebellion  ? 

Answer.  Yes,  I    did. 

Question.   What  position  did  you  hold  ? 

Answer.  From  a  private  to  a  colonel,  except  a  non-commissioned  officer  and 
second  lieutenant. 

Question.  "Were  you  ever  stationed  at  Kinston,  North  Carolina,  with  troops 
during  the  rebellion  ? 

Answer.  Just  across  the  Neuse  river,  one  mile  from  Kinston ;  was  once  or- 
dered into  town  for  a  short  time. 

Question.  Did  you  ever  know  of  a  military  execution  of  United  States  sol- 
diers in  Kinston  by  the  rebels  ? 

Answer.  I  have  heard  of  it ;  I  was  not  present  at  the  executions. 

Question.  W7ho  were  the  men,  and  did  you  know  them  to  be  United  States 
soldiers  ? 

Answer.  I  did  not  know  the  men  ;  heard  they  were  United  States  soldiers. 

Question.  Did  these  men  ever  belong  to  your  command  ? 

Answer.  Some  of  them  did. 

Question.  Did  these  men  ever  have  a  court-martial? 

Answer.  I  do  not  know. 

Question.  Could  you  give  the  names  of  any  of  these  men,  and  what  are  they? 

Answer.  I  believe  there  was  one  Haddock,  Taylor,  Hardy  Dougherty,  A.  J. 
Britton,  Lewis  Bryant,  Mitchell  Busick,  Jesse  Summerlin,  J.  I.  Brock. 

Question.  Do  you  know  whether  these  men  had  charges  preferred  against 
them? 

Answer.  I  do  not  know. 

Question.  What  position  did  you  hold  at  this  time  ? 

Answer.  "Was  lieutenant  colonel  of  the  66th  North  Carolina  at  that  time. 

Question.  What  was  this  company  called  that  these  men  belonged  to  when 
they  first  joined  the  service  ? 

Answer.  Partisan  Bangers.  General  Ransom  stated  to  them  that  probably 
they  would  never  be  removed.  This  was  when  the  company  was  first  mustered 
in  the  service. 

Question.  "What  did  he  mean — never  go  out  the  State  or  locality  ? 

Answer.  As  I  understood  it,  not  out  of  the  locality — by  Ransom. 

Question.  Can  you  explain  what  change  took  place  to  change  them  from 
Bangers  to  the  66th  regiment  of  North  Carolina  troops  ? 

Answer.  I  received  an  order  from  General  Klingman  to  report  with  my  com- 
mand in  Goldsborough,  North  Carolina.  As  far  as  I  recollect  it  was  the  last  of 
July,  1S62.  "When  I  got  to  Goldsborough,  received  orders  for  two  other  com- 
panies, and  mine  to  be  formed  in  one  battalion  and  elect  a  major. 

Question.  "What  was  that  battalion  called  ? 

Answer.  The  8th  North  Carolina  battalion. 

Question.  "What  changes  took  place  in  order  to  create  the  66th  North  Caro- 
lina regiment  ? 


MURDER    OF    UNION    SOLDIERS    IN   NORTH    CAROLINA.  39 

Answer.  'The  8th,  and  I  think  the  13th  battalions  were  thrown  together  and 
then  called  the  66th  North  Carolina  regiment. 

Question.  Were  you  elected  major  of  the  8th  battalion,  and  afterwards  ap- 
pointed as  lieutenant  colonel  of  the  66th  North  Carolina  ? 

Answer.  Yes  ;  my  commission  as  lieutenant  colonel  was  signed  by  Mr.  Sed- 
don,  rebel  secretary  of  war. 

Question.  Was  it  after  the  consolidation  as  a  regiment  that  these  men  deserted? 

Answer.  As  far  as  I  can  recollect,  these  men  were  never  borne  on  the  rolls 
and  returns  of  the  regiment. 

Question.  How  long  after  forming  regiment,  before  being  ordered  from  vicin- 
ity of  Kinston  and  Goldsborough  ? 

Answer.  I  think' it  was  in  October,  1863,  before  the  regiment  was  formed  ; 
the  regiment  was  formed  in  October. 

Question.  Were  these  men  allowed  to  stay  about  home,  while  around  Kin- 
ston ? 

Answer.  Yes,  a  good  deal,  for  soldiers. 

Question.  Were  you  aware  of  any  complaints  being  made  by  the  men  at 
being  formed  into  a  regiment  ? 

Answer.  Yes ;  there  was  a  great  deal  of  dissatisfaction. 

Question.  Were  the  men  consulted  on  making  this  change  ? 

Answer.  Not  that  I  am  aware  of. 

Question.  Who  was  in  command  of  Kinston  at  this  time  of  the  execution  ? 

Answer.  I  do  not  know ;  was  in  Wilmington  at  that  time. 

Question.  Who  was  colonel  of  the  66th  North  Carolina  ? 

Answer.  A.  D.  Moore. 

Question.  What  do  you  think  caused  these  men  to  desert  1 

Answer.  I  think  all  they  wanted  was  an  excuse ;  don't  think  their  sympa- 
thies were  with  the  rebellion. 

Question.  Who  do  you  think  the  leading  man  was  among  them? 

Answer.  I  thought  A.  J.  Britton  was  ringleader. 

Question.  Was  Elijah  Kellum  ever  enlisted  in  the  rebel  army  ? 

Answer.  Could  not  swear  that  he  was  ;  I  do  not  know. 

Question.  Were  you  not  consulted  on  the  trial  of  these  men  ? 

Answer.  I  was  not. 

Question.  Did  you  see  any  of  these  men  before  execution  ? 

Answer.  I  did ;  I  went  to  the  court-house  and  saw  there  those  that  were 
condemned. 

Question.  Do  you  know  how  many  there  were  belonging  to  your  regiment  ? 

Answer.  I  do  not  recollect  now. 

Question.  Do  you  know  Captain  Christopher  Foye? 

Answer.  Yes  ;  I  do. 

Question.  Was  he  in  Kinston  at  this  time  ? 

Answer.  I  do  not  know  ;  I  think  he  was. 

Question.  Did  you  make  any  effort  to  have  these  men  reprieved  ? 

Answer.  I  asked  General  Hoke  if  there  could  not  be  something  done  for 
them. 

Question.  What  reply  did  he  make? 

Answer.  He  said  he  could  do  nothing,  as  he  had  an  order  for  their  execution. 

Question.  Who  gave  this  order? 

Answer.  I  cannot  swear;  I  think  General  Hoke  told  me  it  came  from  General 
Pickett,  in  command  of  Eastern  North  Carolina. 

Question.  Did  you  ever  know  a  Captain  Wilson  ? 

Answer.  I  do  not  recollect  that  I  did. 

Seventeenth  witness  sworn,  and  testified  as  follows  : 
Question.  What  is  your  name? 
Answer.  W.  S.  Huggins. 


40     MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 

Question.  Where  do  you  reside  ? 

Answer.  In  Kinston,  North  Carolina. 

Question.  How  long  have  you  resided  in  Kinston? 

Answer.  Since  the  first  of  1862. 

Question.  Are  you  a  native  oi  this  State  ? 

Answer.  Yes  ;  of  Jones  county. 

Question.  Did  you  ever  know  of  any  military  executions  of  United  States 
soldiers  in  Kinston? 

Answer.  I  saw  some  on  their  way  to  the  gallows;  I  did  not  witness  the 
hanging. 

Question.  Did  you  have  any  relatives  among  these  men? 

Answer.  I  had  one — Mr.  Louis  Bryan. 

Question.     Did  you  know  Elijah  Kellum  ? 

Answer.  Well,  I  saw  him  on  the  way  to  the  gallows. 

Question.  Do  you  know  whether  Elijah  Kellum  ever  volunteered  in  the 
rebel  service? 

Answer.  I  believe  he  volunteered  in  one  or  two  companies ;  but  none  of 
them  would  receive  him,  he  was  so  deformed  and  he  had  no  constitution. 

Question.  Have  you  any  reason  to  believe  he  never  was  enlisted  in  the  rebel 
service  ? 

Answer.  I  have  not,  only  he  was  so  deformed  that  no  medical  board  would 
accept  him. 

Question.  Do  you  know  if  he  was  tried  and  condemned  as  a  deserter? 

Answer.  I  do  not;  they  had  some  kind  of  a  trial.  I  never  went  there,  and 
know  nothing  about  it. 

Question.  Who  was  provost  marshal  in  Kinston  at  this  time? 

Answer.  I  think  it  was  R.  C.  Wilson. 

Question.  Was  Elijah  Kellum  hung  at  the  time  the  thirteen  were  ? 

Answer.  No;  it  wa*s  afterwards. 

Question.  Do  you  know  how  many  different  executions  there  were  ? 

Answer.  I  think  there  were  three;  two  first,  thirteen  second,  and  seven  third. 

Question.  Who  was  in  command  of  Kinston  then  ? 

Answer.  General  Hoke.  This  Kellum  was  to  have  been  sent  to  conscript 
camp  by  some  persons  who  wished  to  scare  him  ;  he  hearing  of  it  deserted  to 
the  Union  lines. 

Eighteenth  witness  sworn,  and  testified  as  follows  : 

Question.  What  is  your  name? 

Answer.  William  S.  Pope. 

Question.  Where  do  you  reside  ? 

Answer.  In  Lenoir  county,  ten  miles  from  Kinston. 

Question.  What  is  your  business? 

Answer.  Provisional  sheriff  of  the  county  and  farmer. 

Question.  How  long  have  you  been  sheriff? 

Answer.  Since  first  of  July,  1S65. 

Question.  Did  3-ou  hear  of  any  military  executions  at  this  post  of  United 
States  soldiers  during  the  last  four  years  ? 

Answer.  I  do. 

Question.  By  whom  were  the  executions  performed  ? 

Answer.  By  the  military  authorities.  General  Hoke's  brigade  marched  out 
with  them  and  hung  them. 

Q.uestion.  Who  was  it  had  charge  of  these  prisoners  ? 

Answer.  I  do  not  know.     He  was  a  major;  I  did  not  dare  to  inquire. 

Question.  Do  you  know  when  these  men  were  hung? 

Answer.  Some  time  in  April,  1SG4. 

Question.  Did  you  hear  the  order  for  their  execution  read  ? 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  41 

Answer.  I  did  ;  it  was  by  order  of  General  Pickett. 

Question.  Do  you  know  who  was  provost  marshal  at  this  time  in  Kins  ton  ? 
Answer.  I  think  it  was   Captain  Guilford  Cox;   he  deserted  soon  after  and 
went  to  the  Union  lines. 

Question.  Whose  evidence  hung  Kellum  ? 

Answer.  Thomas  Wilson,  of  Trenton,  North  Carolina,  conscripting  officer. 

Adjourned  until  10  a.  m.  Wednesday,  November  8,  1865. 

November  8,  1865 — 10  a.  m 

The  court  having  met  pursuant  to  adjournment,  the  nineteenth  witness  was 
sworn,  and  testified  as  follows  : 

Question.  What  is  your  name  1 

Answer.  Aaron  Baer. 

Question.  Where  do  you  reside  1 

Answer.  Here  in  Kinston. 

Question.  How  long  have  you  resided  here  ? 

Answer.  Sixteen  years. 

Question.  What  is  your  business  ? 

Answer.  A  merchant. 

Question.  Did  you  ever  know  of  any  military  executions  of  United  States 
soldiers  in  Kinston  by  the  rebels? 

Answer.  Yes,  I  did. 

Question.  Did  you  witness  the  execution  1 

Answer.  No,  I  did  not  ;   I  did  not  dare  to  go. 

Question.  Do  you  know  if  these  men  had  a  court-martial  1 

Answer.  One  of  the  prisoners  that  was  not  hung  told  me  he  was  tried  by  a 
court-martial.     I  do  not  know  as  the  otbers  did. 

Question.  How  many  men  were  executed  1 

Answer.  The  first  that  was  hung  was  two,  next  seven,  and  the  last  thirteen 
were  hung  at  once.  . 

Question.  Did  you  see  any  of  these  men  in  prison  1 

Answer.  I  did  not  visit  them ;  I  did  not  dare  to. 

Question.  Who  was  provost  marshal  at  that  time  1 

Answer.  I  do  not  know. 

Question.  Do  you  know  Blunt  King  ? 

Answer.  I  do,  personally.     He  lives  in  Goldsborough. 

Question.  Did  you  know  that  Blunt  King  officiated  as  hangman  1 

Answer.  I  understood  he  acted  as  volunteer  hangman  for  the  first  two. 

Question.  Did  you  know  who  volunteered  to  hang  the  thirteen. 

Answer.  A  man  about  six  feet  high,  stout,  cross-eyed,  told  me  that  he  volun- 
teered to  hang  these  men.  He  stripped  the  clothes  from  them  the  same  night 
he  hung  them.  He  told  me  that  he  came  from  Raleigh.  He  spoke  in  a  boast- 
ful way;  said  he  had  got  well  paid  for  it;  that  he  would  do  anything  for  money. 

Question.  Who  was  in  command  of  Kinston  at  this  time  ? 

Answer.  General  Hoke.  Hoke  had  me  arrested  after  this,  and  before  I  was 
put  in  jail  I  was  carried  to  the  guard-house,  and  then  to  the  provost  marshal's 
office.  While  waiting  on  the  piazza  I  saw  General  Hoke  come  out;  said  "How 
do  you  do,  general."  He  said,  "don't  you  speak  to  me,  you  d — n — d  son  of  a 
b — ch." 

Twentieth  witness  sworn,  and  testified  as  follows  : 

Question.  What  is  your  name  ? 

Auswer.  James  B.  Webb. 

Question.  Where  do  you  reside  ? 

Answer.  In  Kinston. 

Question.  How  long  have  you  resided  here  1 


42  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Answer.  Some  twenty  years. 

Question.  What  is  your  business  ? 

Answer.  A  carriage-maker. 

Question.  Did  you  live  here  during  the  rebellion  ? 

Answer.  In  1861  and  1862  was  living  a  little  way  in  the  country.  Moved 
in  the  town  in  1863. 

Question.  Did  you  ever  know  of  any  military  executions  of  United  States 
soldiers  in  Kinston  1 

Answer.  I  knew  of  some  that  were  said  to  have  been  United  States  soldiers. 

Question.  When  did  this  execution  occur  ? 

Answer.  Along  in  the  spring  of  1884  ;  do  not  recollect  the  month. 

Question.  How  many  men  did  you  see  executed  ? 

Answer.  As  far  as  I  recollect,  I  saw  thirteen  hung  at  one  time. 

Question.  Were  these  all  you  ever  saw  executed  1 

Answer.  Yes;  that  was,  except  some  two  deserters  I  saw  shot,  not  United 
Stated  soldiers. 

Question.  What  was  your  purpose  in  being  at  this  execution  ? 

Answer.  To  procure  and  bury  the  body  of  Mr.  William  0.  Haddock. 

Question.  Did  you  see  any  one  stripping  the  bodies  of  clothing  1 

Answer.  I  saw  a  man  stripping  several  of  them.  He  attempted  to  take  the 
shoes  from  the  feet  of  Mr.  Haddock  while  in  the  coffin.  I  resisted,  and  told 
him  I  had  an  order  that  the  body  should  not  be  molested. 

Question.  Describe  this  man  as  well  as  you  can. 

Answer.  He  was  a  tall  man,  about  six  feet  high;  he  had  a  kind  of  cross-eye, 
dark  complexion,  rather  stout-built  man.     Did  not  know  this  man's  name. 

Question.  Who  was  provost  marshal  at  this  time? 

Answer.  I  think  K.  E.  Wilson,  who  commanded  the  1st  battalion,  was. 

Question.  Did  you  see  this  cross-eyed  man  taking  any  part  in  the  execution  "? 

Answer.  I  did  not ;  I  stood  away  from  Avhere  they  were  hung,  some  three 
hundred  yards. 

Question.  Do  you  know  of  any  person  being  more  active  than  another  in  push- 
ing this  execution  along  ? 

Answer.  I  do  not. 

Question.  Do   you  know  whether  these  men  had  a  court-martial  or  not  1 

Answer.  I  was  present  at  a  meeting  which  I  was  told  was  a  court-martial, 
and  trying  William  Haddock.  Mrs.  Bryan  wanted  a  witness  from  Wilmington. 
I  went  with  her  to  the  court. 

Question.  Who  was  president  of  the  court  1 

Answer.  I  do  not  know ;  they  were  all  straugers  to  me. 

Question.  Did  you  understand  all  of  these  men  were  tried  by  this  court  ? 

Answer.  I  did  understand  so. 

Twenty-first  witness  sworn,  and  testified  as  follows  : 
Question.  What  is  your  name  1 
Answer.  William  Fields. 
Question.  Where  do  you  reside  ? 

Answer.  Resided  in  Kinston  for  the  last  twelve  years. 
Question.  Were  you  here  during  the  late  rebellion  1 
Answer.  All  the  time. 
Question.  What  is  your  business  1 

Answer.  Sheriff  of  the  county  for  the  last  twelve  years. 

Question.  Did  you  know  of  any  United  States  soldiers  hung  in  Kinston  by 
the  rebel  authorities  ? 

Answer.  I  saw  thirteen  men  hung  here  in  one  day. 

Question.  Did  you  know  their  names,  and  what  are  they? 

Answer.  Mitchell  Busick,  Amos  Aymett,  Louis  Bryan,  John  J.  Brock,  Wil- 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  43 

liam  Haddock,  Jesse  Summerlin,  William  Jones,  Louis  Freeman,  Calvin  Hoff- 
man, Stephen  Jones,  Joseph  Brock,  Louis  Taylor,  Charles  Cuthrell,  William 
H.  Doherty,  John  Freeman,  Ervin  Hill. 

Question.  Did  you  make  any  intercession  for  these  men  ? 

Answer.  I  certainly  did. 

Question.  Who  was  it  that  you  applied  to  for  mercy? 

Answer.  I  do  not  know  the  man's  name ;  did  not  apply  to  the  general. 

Question.  Who  executed  these  men? 

Answer.  Do  not  know ;  think  it  was  John  White,  from  on  board  the  rebel 
ram.     He  ran  away  from  Kinston  on  this  account,  I  believe. 

Question.  Who  was  provost  marshal  of  Kinston,  at  this  time? 

Answer.  Do  not  know;  I  think  it  was  R.  E.  Wilson. 

Adjourned  until  2  o'clock  p.  m. 

The  court  having  met  pursuant  to  adjournment,  the  twenty-second  witness 
was  sworn,  and  testified  as  follows  : 

Question.  What  is  your  name? 

Answer.  Allen  Croom. 

Question.  Where  do  you  reside? 

Answer.  In  Kinston. 

Question.  What  is  your  occupation? 

Answer.  Farmer. 

Question.  How  long  have  you  resided  here? 

Answer.  Since  January,  1864. 

Question.  Has  there  ever  been  any  military  execution  of  United  States  sol- 
diers, to  your  knowledge? 

Answer.  I  never  witnessed;  I  have  heard,  by  report,  that  there  was.  I  knew 
these  men  in  jail,  dressed  in  United  States  uniform,  said  to  be  deserters  from 
the  rebel  army.     I  saw  them  in  confinement  at  the  court-house. 

Question.  What  were  you  doing  at  that  time  ? 

Answer.  I  was  in  charge  of  a  provost  guard  in  this  place. 

Question.  By  Avhom  were  you  appointed  a  captain  of  provost  guard  ? 

Answer.  Received  my  commission  from  Mr.  Seddon,  rebel  secretary  of  war. 

Question.  Were  you  in  town  when  thirteen  men  were  said  to  have  been  exe- 
cuted ? 

Answer.  I  was. 

Question.  What  was  this  company  called  that  you  was  in  command  of? 

Answer.  Kinston  provost  guard. 

Question.  Who  was  provost  marshal  at  this  time  ? 

Answer.  Captain  R.  E.  Wilson. 

Question.  Do  you  know,  were  these  men  executed  under  Wilson's  direction  ? 

Answer.  I  do  not  know.     I  think  he  was  about  the  office. 

Question.  Did  you  know  any  of  the  men  that  were  hung  ? 

Answer.  I  knew  one — William  Jones. 

Question.  Did  these  men  ever  have  a  court-martial. 

Answer.  I  do  not  know.  I  knew  there  was  a  court-martial  in  session  at  that 
time. 

Question.  Do  you  know  who  was  in  command  of  the  post  of  Kinston  at  that 
time? 

Answer.  I  do  not  know ;  am  not  positive  whether  General  Hoke  was  or  not; 
think  that  same  week,  General  Hoke,  General  Corse,  a  colonel,  and  Captain 
Davis,  were  all  in  command. 

Question.  Did  you  ever  hear  of  any  person  coming  from  Raleigh  or  Golds- 
borough  to  hang  these  men  ? 

Answer.  I  do  not,  to  my  recollection. 


44  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Question.  Did  you  hear  anything  about  one  John  White  volunteering  to 
do  it? 

Answer.  Not  at  that  time.      Since  then  I  have  heard  that  he  did. 

Twenty-third  witness  sworn,  and  testified  as  follows  : 

Question.  What  is  your  name? 

Answer.  S.  E.  Lofton. 

Question.  Where  do  you  reside  ? 

Answer.  Here,  in  Kinston. 

Question.  What  is  your  occupation? 

Answer.  Postmaster  at  Kinston. 

Question.  Were  you  ever  engaged  in  the  late  rebellion  ? 

Answer.  Only  in  keeping  post  office. 

Question.  Did  you  know  of  any  United  States  soldiers  being  hung  at  Kins- 
ton? 

Answer.  I  saw  thirteen  men  hung  there,  said  to  have  been  United  States 
soldiers. 

Questiou.  When  did  this  take  place? 

Answer.  I  cannot  say  when  or  what  time. 

Question.  Do  you  know  if  these  men  were  tried  by  a  court-martial  ? 

Answer.  I  do  not. 

Question.  Who  executed  these  men  ? 

Answer.  I  do  not  know;  they  were  all  strangers  to  me. 

Question.  Did  you  hear  of  any  one  robbing  these  men,  or  participating  in  the 
execution  ? 

Answer.  I  had  heard  of  such  taking  place,  but  did  not  know  of  any  one. 

Adjourned  until  10  a.  m.,  Thursday,  November  9,  1865. 

November  9 — 10  a.  m. 

The  court  met  pursuant  to  adjournment. 

Twenty-fourth  witness  sworn,  and  testified  as  follows  : 

Question.  What  is  your  name  ? 

Answer.  Guilford  W.  Cox. 

Question.  Where  do  you  reside  ? 

Answer.  In  Pitt  county,  North  Carolina. 

Question.  What  is  your  occupation  ? 

Answer.  A  farmer. 

Question.  Did  you  take  any  part  in  the  late  rebellion  ? 

Answer.  I  was  captain  of  a  company  in  the  local  service. 

Question.  Where  was  this  company  raised,  and  what  was  it  called  ? 

Answer.  In  Pitt  and  Lenior  counties ;  they  were  called  Atlantic  and  North 
Carolina  Railroad  Bridge  Guard. 

Question.  Were  you  ever  commissioned  as  captain  of  this  company  ? 

Answer.  I  was,  by  Governor  Clark,  of  North  Carolina. 

Question.  Where  was  this  company  stationed  ? 

Answer.  On  the  bridges  of  the  Atlantic  and  North  Carolina  railroad. 

Question.  Where  were  your  headquarters  ? 

Answer.  Principally  at  Kinston,  North  Carolina. 

Question.  Were  you  ever  provost  marshal  of  Kinston,  North  Carolina  ? 

Answer.  I  was  ordered  in  May,  1863,  to  proceed  with  my  company  to  Vir- 
ginia. I  at  first  refused  ;  but  afterwards,  at  the  solicitation  of  my  men,  went  un- 
der protest.  Was  kept  there  until  October,  1S63  ;  when,  on  account  of  the  an- 
noyance I  gave,  was  ordered  with  my  command  to  Kinston,  North  Carolina, 
myself  as  provost  marshal,  and  my  men  to  be  given  the  choice  between  volun- 
teering for  general  service  or  be  sent  to  the  conscription  camp.     This  was  in 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  45 

October,  1S63.  Was  relieved  of  the  provost  ruarslialship  about  the  14th  of  Feb- 
ruary, 18G3. 

Question.  Who  signed  this  order  ? 

Answer.  Mr  Seddon,  rebel  secretary  of  war. 

Question.  How  long  did  you  act  as  provost  marshal  ? 

Answer.  From  October,  1863,  to  middle  of  February,  1864. 

Question.  Who  relieved  you  as  provost  marshal  ? 

Answer.  Captain  R.  E.  Wilson,  of  Forsyth  county,  commanding  1st  North 
Carolina  batallion. 

Question.  Did  you  know  of  any  execution  of  United  States  soldiers  by  rebel 
authorities  ? 

Answer.  Yes,  I  did. 

Question.  What  time  did  you  witness  these  executions  ? 

Answer.  I  saw  thirteen  executed  in  February,  1864.  That  is  all  I  was  wit- 
ness to. 

Question.  Who  was  provost  marshal  at  that  time  ? 

Answer.  R.  E.  Wilson.  These  men  were  in  charge  of  General  Pickett's 
division,  provost  marshal.  He  turned  them  over  to  Wilson  for  safe-keeping 
until  further  orders ;  but  before  execution,  were  turned  back  to  Pickett's  pro- 
vost marshal. 

Question.  Was  Pickett  here  at  that  time  ? 

Answer.  He  was  here  about  that  time. 

Question.  Was  Hoke  here  at  that  time  ? 

Answer.  Yes,  he  was.     He  was  brigadier  general  at  that  time. 

Question.  Did  you  know  a  tall,  cross-eyed  person  who  acted  as  hangman? 

Answer.  I  do  not. 

Question.  Do  you  know  if  there  was  a  court-martial  ? 

Answer.  I  do  know  there  was  ;  I  had  myself  summoned  in  the  case  of  Clin- 
ton Cox.  The  court  asked  me  if  he  ever  belonged  to  my  company ;  my  an- 
swer was  yes  ;  and  asked  me  if  he  deserted  ;  I  told  them  no,  for  I  did  not  consider 
desertion  from  a  local  company  desertion  from  rebel  service. 

Question.  Do  you  know  any  of  the  members  of  this  court? 

Answer.  I  do  not. 

Question.   Do  you  know  if  any  of  these  men  were  tried  by  that  court-martial? 

Answer.  Yes  ;  I  know  John  J.  Brock  and  Stephen  Jones  were  ;  knew  them 
personally. 

Question.  Do  you  know  to  what  division  the  officers  composing  the  court 
belonged  ? 

Answer.  I  do  not ;  think  it  was  Hoke's  division. 

Question.  Did  you  hear  of  any  application  having  been  made  for  mercy  for 
these  men  ? 

Answer.  I  did  not. 

Question.  Did  you  see  Hoke  there  ? 

Answer.  I  do  not  remember. 

Twenty-fifth  witness  examined,  and  testified  as  follows: 

Question.  What  is  your  name  ? 
Answer.  John  A.  Parrott. 
Question.  Where  do  you  live  ? 
Answer.  Three  miles  from  Kinston. 
Question.  What  is  your  occupation? 
Answer.  A  farmer. 

Question.  Have  you  resided  here  during  the  rebellion  ? 
Answer.  Nearly  all  the  time. 

Answer.  Did  you  know  of  any  execution  taking  place  in  Kinston,  of  United 
States  soldiers  ? 


46  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Answer.  Was  not  witness  to  any;  have  beard  there  was;  could  hear  the 
music  at  the  time  thirteen  men  were  executed. 

Question.  Did  you  ever  have  anything  to  do  with  burying  any  one  said  to 
have  been  hung  ? 

Answer.  I  helped  carry  one  from  his  temporary  grave. 

Question.  What  was  his  name  ? 

Answer.  John  J.  Brock. 

Question.  Who  pointed  them  out  as  deserters  ? 

Answer.  I  don't  remember  now  who  did. 

Question.  Did  any  one  ask  you  to  designate  any  one  of  these  men  ? 

Answer.  I  don't  think  there  was. 

Question.  Where  were  these  men  when  you  saw  them? 

Answer.  I  saw  them  near  the  corner  of  the  courthouse.  I  pointed  out  one 
man,  Clinton  Cox,  to  Judge  Manly,  who  stood  near  me,  and  told  him  that 
was  the  man  that  broke  out  of  Salisbury  jail ;  merely  to  hear  what  he  would 
say. 

Question.  Was  Clinton  Cox  executed  ? 

Answer.  He  was  not;  he  died  in  prison. 

Question.  Was  Clinton  Cox  tried  before  a  court-martial? 

Answer.  I  think  he  was  ;  I  do  not  know. 

Question.  Did  you  ever  tell  anybody  that  Cox  never  was  a  rebel  soldier  ? 

Answer.  I  do  not  recollect  that  I  ever  did. 

Question.  Why  was  Cox  not  executed  ? 

Answer.  The  only  reason  was,  I  believe,  that  he  had  been  exchanged  from  a 
rebel  prison  as  a  Union  soldier.  He  was  imprisoned  at  Salisbury  as  a  Union 
sympathizer,  and  had  his  choice  given  him  of  joining  on  either  side;  he  chose 
the  Union  side ;  and  I  think  that  was  the  reason  he  was  not  hung.  That  is 
what  I  have  understood. 

Question.  What  became  of  Clinton  Cox  ? 

Answer.  He  died  in  prison. 

Adjourned  until  2  p.  m. 

Twenty-sixth  witness  was  sworn,  and  testified  as  follows: 

Question.  What  is  your  name? 

Answer.  Bryan  McCallan. 

Question.  Where  do  you  live? 

Answer.  In  Kinston. 

Question.  How  long  have  you  lived  here  ? 

Answer.  Sixteen  years. 

Question.  What  is  your  business  ? 

Answer.  Livery  stable  keeper  and  blacksmith. 

Question.  Were  you  engaged  in  the  late  rebellion? 

Answer.  I  was  not. 

Question.  Did  you  know  of  the  execution  of  United  States  soldiers  at  Kinston 
by  rebel  authorities  ? 

Answer.  Yes ;  I  had  a  brother-in-law  hung,  Wm.  0.  Haddock. 

Question.  Did  you  make  any  intercession  for  your  brother  to  any  one  ? 

Answer.  I  procured  an  attorney  to  bring  forward  evidence  in  favor  of  him, 
but  the  court-martial  would  not  admit  him. 

Question.  Did  you  have  any  conversation  with  General  Hoke  ? 

Answer.  I  went  to  General  Hoke  for  an  order  to  get  Wm.  Haddock's  body, 
and  he  asked  me  if  I  wanted  my  wife's  brother  buried  in  a  Yankee  uniform ;  I 
told  him  I  wanted  him  buried  just  as  he  came  from  the  gallows,  and  he  said  he 
did  not  think  that  a  man  of  my  standing  would  want  him  buried  in  that  uniform. 
Captain  0.  S.  Dewey  interfered,  and  procured  the   order. 


MURDER    OF   UNION    SOLDIERS    IN    NORTH    CAROLINA.  47 

Question.  Did  you  ever  hear  the  name  of  the  hangman  ? 
Answer.  I  did  not. 

Adjourned  to  meet  at  Newbem,  North  Carolina,  on  Monday,  November  13, 
1865. 

Newbern,  North  Carolina, 

November  13,  1S65 — 10  a.  m. 

The  court  having  met,  pursuant  to  adjournment,  the  twenty-seventh  witness, 
Mr.  L.  S.  Baker,  was  sworn;  but  as  it  appears  from  his  testimony  he  knew 
nothing  about  the  case,  adjourned  until  10  a.  m.,  November  14,  1865. 

The  court  met  pursuant  to  adjournment,  and  the  twenty-eighth  witness  was 
sworn,  and  testified  as  follows  : 

Question.  What  is  your  name  ? 

Answer.  Wm.  H.  Eddins. 

Question.  Where  is  your  residence  ? 

Answer.  Have  none  at  present ;  am  an  officer  in  the  United  States  army. 

Question.  What  regiment  and  what  rank? 

Answer.  Fourteenth  United  States  colored  artillery,  (heavy,)  first  lieutenant 
and  adjutant. 

Question.  Were  you  ever  a  member  of  the  second  North  Carolina  loyal  volun- 
teers ? 

Answer.  I  was  acting  sergeant  major. 

Question.  Do  you  know  the  following  named  men  to  have  been  enlisted  men 
in  that  regiment,  viz  :  Joseph  L.  Hasket,  David  Jones,  Mitchell  Busick,  Wm. 
Irvine,  Amos  Aymett,  Lewis  Bryan,  John  J.  Brock,  Wm.  Haddock,  Jesse  J. 
Summerlin,  Andrew  J.  Britton,  Lewis  Freeman,  Calvin  J.  Hoffman,  Stephen 
Jones,  Joseph  Brock,  Lewis  Taylor,  Chas.  Cuthrell,  Wm.  H.  Dougherty,  aud 
Elijah  Kellum  1 

Answer.  I  know  these  men  to  have  been  enlisted  in  the  second  North  Caro- 
lina loyal  volunteers. 

I  certify  that  the  foregoiug  testimony  is  correct  as  taken  by  the  board. 

JONATHAN  HOPKINS, 

2d  Lt.  Wtlt  U.  S.  C.  Arl'y,  (heavy,)  Recorder  of  the  Court. 

Official: 

W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


No.  6. 

Bureau  of  Military  Justice, 

War  Dcj)artment,  December  12,  1865, 

A  memorial  and  other  papers  relating  to  the  barbarous  slaying  upon  the  gal- 
lows of  certain  Union  soldiers,  by  so-called  military  authority  at  Kinston,  North 
Carolina,  in  the  spring  of  1864,  are  respectfully  returned  to  the  Secretary  of 
War  for  the  President. 

Under  date  of  September  13,  1865,  Captain  W.  H.  Doherty,  assistant  quar- 
termaster, addressed  to  Brevet  Major  General  linger,  commanding  department 
of  North  Carolina,  a  memorial,  setting  forth  that  twenty-two  United  States  sol- 
diers, belonging  to  the  1st  and  2d  North  Carolina  loyal  infantry,  captured  by  rebel 
forces  under  the  command  of  Generals  Pickett  and  Hoke,  in  the  month  of  Feb- 
ruary, 1864,  were  deliberately  murdered  by  public  hanging  at  Kinston,  North 
Carolina,  in  that  and  the  succeeding  month,  under  circumstances  of  great  cruelty 
and  barbarity,  and  by  authority  of  said  Pickett  and  Hoke,  under  the  false  charge 


48  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

that  they  were  traitors  and  deserters.  The  memorial  contains  the  names  of  a 
portion  of  the  murdered  men,  and  of  active  rehels  supposed  to  have  been  impli- 
cated in  their  murder.  It  also  furnishes  the  names  of  several  persons  supposed 
to  be  able  to  testify  in  relation  to  the  matter,  and  asked  that  a  military  commis- 
sion should  be  appointed  by  the  commanding  general,  with  full  power  to  investi- 
gate the  murderous  outrage  and  bring  the  guilty  to  punishment.  This  memorial 
being  submitted  to  the  Secretary  of  War  on  the  11th  of  November,  1S65,  was 
referred  back  to  General  Rugerfor  report.  Under  date  of  November  25  General 
Ruger  forwards  the  report  of  a  board  of  inquiry  convened  by  his  order  at  New- 
bern,  North  Carolina,  October  22, 1865,  of  which  Captain  Doherty,  the  memoralist, 
was  president,  accompanied  with  the  record  of  its  proceedings.  After  setting 
forth  the  characteristic  barbarities  practiced  upon  the  prisoners  by  their  inhuman 
captors  while  in  prison,  and  the  revolting  circumstances  of  savage  cruelty  at- 
tending their  execution,  as  shown  by  the  record,  the  report  goes  on  to  state, 
"  that  although  these  men  were  arraigned  and  tried  as  deserters,  the  testimony 
of  Colonel  Nethercutt  proves  conclusively  that  they  belonged  to  the  local  North 
Carolina  service,  and  that  they  never  had  been  confederate  soldiers ;  therefore, 
in  the  opinion  of  the  board,  a  confederate  States  court-martial  had  no  jurisdic- 
tion over  them  And  further,  the  court-martial  virtually  acknowledged  its  in- 
capacity in  the  case  of  Clinton  Cox,  who  was  arraigned  upon  the  same  charge, 
but  who  was  saved  from  the  fate  of  the  others  by  the  testimony  of  the  captain 
of  a  local  North  Carolina  company,  to  the  effect  that,  in  leaving  his  company 
without  authority,  Cox  did  not,  in  his  opinion,  become  a  deserter  from  the  con- 
federate service."  The  board,  therefore,  recommend  the  immediate  appointment 
of  a  military  commission  for  the  trial  of  the  parties  implicated,  especially  General 
Pickett,  who  ordered  the  execution  ;  General  Hoke,  who  was  in  charge  of  it ; 
the  members  of  the  court-martial  who  sentenced  them,  whose  names  are  unknown; 
a  Colonel  Baker,  who  robbed  and  persecuted  their  families ;  and  two  volunteer 
executioners,  one  of  whom  is  Blunt  King,  residing  at  Goldsborough  ;  the  other, 
whose  name  is  unknown,  but  of  whom  a  minute  personal  description  is  given, 
residing  at  Raleigh.  It  would  appear  from  the  record  that  the  board  of  inquiry 
misapprehended  the  effect  of  Nethercutt's  testimony  in  regard  to  the  status  of 
these  murdered  men  in  the  rebel  service ;  and  that  although  he  testified  in  re- 
spect to  seven  of  them,  who  were  in  his  command,  that  they  were  originally  mus- 
tered into  the  service  as  members  of  a  company  of  partisan  rangers,  and  were 
told  by  General  Ramsom  that  they  probably  would  not  be  ordered  away  from 
the  neighborhood  of  their  homes,  he  further  stated  that  they  were  subsequently, 
under  his,  Nethercutt's,  command,  ordered  to  Goldsborough,  and  there  incorporated 
with  the  66th  North  Carolina,  in  the  confederate  service,  its  officers  being  com- 
missioned by  the  confederate  government. 

The  record  furnishes  no  evidence  that  the  unhappy  victims  of  this  outrage 
were  not  deserters,  so  far  as  an  abandonment  of  a  constrained  and  hated  service 
would  warrant  their  being  stigmatized  as  such ;  but,  on  the  contrary,  the  little 
evidence  on  that  point  furnished  by  the  record  tends  to  show  that  they  were. 
The  two  first  witnesses  who  testified  before  the  board  were  widows  of  two  of 
these  victims ;  each  declared  that  her  husband  had  deserted  after  being  conscripted 
into  the  rebel  service,  and  one  declared  that  her  husband  had  previously  volun- 
teered, and  been  discharged  for  disability.  No  question  was  put  to  any  other 
witness  on  this  point.  In  respect,  however,  to  the  monstrous  barbarity  and  guilt 
involved  in  the  execution  of  these  Union  soldiers,  it  is  of  little  consequence 
whether  or  not  they  had,  before  entering  into  the  service  of  the  United  States, 
fled  from  the  despotic  servitude  of  a  rebel  conscription.  It  appears  from  the  testi- 
mony relating  to  Clinton  Cox,  referred  to  in  the  report  of  the  board  of  inquiry 
as  having  escaped  condemnation  with  the  other  victims  because  the  company 
from  which  he  deserted  was  a  local  one,  organized  by  the  State  of  North  Caro- 
lina, that,  subsequent  to  his  desertion  in  October,  1863,  the  choice  was  given  that 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  Ad 

company  either  to  volunteer  for  the  general  confederate  service,  or  be  sent  to  the 
conscript  camp ;  and  it  was  -well  understood  throughout  the  country  at  the  time 
that,  in  1863-'64,  the  whole  serviceable  population  of  the  south  was  swept  into 
the  rebel  army  by  a  most  ruthless  conscription  demanding  a  service  that  was 
treason  against  all  their  obligations  as  American  citizens.  Submission  to  that 
service  was,  in  itself,  a  crime  from  which  it  was  their  bounden  duty,  as  men  and 
as  patriots,  to  flee  at  the  first  opportunity.  Having  so  fled  and  taken  service 
and  shelter  under  their  country's  flag,  they  were  entitled  to  the  protection  of  that 
country  so  long  as  it  could  be  extended  to  them,  and  to  its  ample  vengeance  upon 
their  oppressors  and  murderers  for  their  shameful  death,  inflicted,  as  it  was,  un- 
der circumstances  of  contumely  and  ferocious  cruelty  rarely  equalled  by  savages. 

While  it  is  the  opinion  of  this  office  that  every  sentiment  of  patriotism  and 
public  justice  forbids  that  the  blood  of  these  murdered  men  should  cry  in  vain 
from  their  dishonored  graves  for  vengeance,  it  finds  in  the  evidence  submitted 
to  it  no  grounds  upon  which  personal  charges  could  be  established  and  sustained 
against  the  guilty  parties.  There  was  no  evidence  before  the  court  of  inquiry 
showing  conclusively  by  whom  or  by  whose  order  these  sufferers  were  arrested 
and  prosecuted;  by  whom  tried,  condemned,  or  executed.  It  is  recommended, 
therefore,  by  this  office,  that  the  papers  in  the  case  be  returned  to  the  command- 
ing general  of  the  department  of  North  Carolina,  with  instructions  to  cause  fur- 
ther and  minute  investigations  to  be  made  into  the  circumstances  of  the  case, 
with  the  view  of  tracing  and  fixing  the  guilt  of  its  lawless  and  savage  transac- 
tions upon  individuals  who  can  be  held  responsible  for  them ;  collecting  testimony 
that  will  be  likely  to  establish  such  guilt.  And,  in  case  the  investigation  shall 
prove  successful,  to  prepare  charges  against  such  parties,  and  forthwith  appoint 
a  military  commission  for  their  trial. 

J.  HOLT, 
Judge  Advocate  General . 

The  Secretary  of  War. 


The  memorial  of  Captain  W.  H.  Doherty,  assistant  quartermaster  of  Newbera, 
North  Carolina,  respectfully  showeth  :  That  the  undersigned,  moved  by  a  sincere- 
desire  to  vindicate  the  honor  and  maintain  the  authority  of  the  United  States  gov- 
ernment, and  to  bring  to  justice  certain  wicked  and  cruel  men  who  have  deliber- 
ately murdered,  by  public  hanging,  a  number  of  loyal  citizens  and  soldiers  of 
the  United  States,  when  prisoners,  during  the  late  rebellion,  desires  to  call  the 
attention  of  the  general  in  command  to  the  following  facts ;  and,  on  the  part  of 
the  widows  and  orphans  of  our  murdered  soldiers,  and  of  the  outraged  laws  of 
our  country  and  of  humanity,  respectfully  solicits  a  thorough  investigation  of 
these  atrocious  crimes. 

That  after  the  capture  by  the  rebel  forces  under  Generals  Pickett  and  Hoke. 
in  the  month  of  February,  1SG4,  at  Beach  Grove,  near  Newbern,  North  Caro- 
lina, of  some  companies  of  the  1st  and  2d  North  Carolina  loyal  infantry  volun- 
teers, United  States  troops,  it  can  be  proved  that  twenty-two  (22)  soldiers  of 
these  regiments  were  hung  at  Kinston,  North  Carolina,  on  the  false  charges  of 
being  traitors  and  deserters,  whereas,  in  truth,  they  were  brave  United  States 
soldiers,  fighting  under  the  protection  of  the  flag  of  their  country,  and  in  the 
uniform  of  the  United  States  volunteers.  That  these  men  were  executed  under 
circumstances  of  brutal  cruelty  and  wanton  insult.  Thirteen  of  them  were 
hanged  nearly  or  altogether  naked,  from  one  beam  or  pole,  at  the  same  time,  in  the 
public  square  or  street  of  Kinston,  North  Carolina,  and  left  to  writhe  and  strug- 
gle till  dead.  That  the  rebel  Generals  Pickett  and  Hoke,  and  Lieutenant  Col- 
onel John  Nethercutt,  of  the  G6th  North  Carolina  rebel  regiment,  and  many 
others  of  the  slaveholding  aristocracy  of  North  Carolina,  are  responsible  for 
Ex.  Doc   98 4 


50     MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA 

this  odious  cruelty.  That  the  following  are  the  names  of  some  of  the  victims, 
all  good  and  true  United  States  soldiers  at  the  time  of  their  murder,  viz  : 

Jesse  Summerell,  2d  North  Carolina;  Hardy  Dougherty,  2d  North  Carolina; 
Stephen  Jones,  2d  North  Carolina;  David  Jones,  2d  North  Carolina;  William 
Haddock,  2d  North  Carolina;  John  Freeman,  2d  North  Carolina;  John  Brock, 

2d  North  Carolina;  Charles  Cutherall,  2d  North  Carolina;  Kellnm,  2d 

North  Carolina;  Mitchel  Busick,  2d  North  Carolina;  Louis  Freeman,  2d  North 
Carolina;  Joseph  Haskett,  2d  North  Carolina;  William  Irvine,  2d  North  Caro- 
lina; Amos  Aymett,  2d  North  Carolina. 

That  these  poor  men  were  all  hanged  from  the  same  pole,  in  violation  of  all 
law,  merely  because  of  their  devotion  to  the  Union  cause,  in  Kinston,  North 
Carolina,  in  March,  1864. 

Also,  a  few  days  afterwards,  ten  (10)  more  soldiers  of  the  same  regiment, 
whose  names  are  not  yet  ascertained,  were  hung  at  the  same  place  by  the  same 
rebel  generals. 

That  again,  soon  after  the  capture  of  Plymouth,  North  Carolina,  by  the  rebel 
forces  under  Hoke,  on  the  20th  day  of  April,  1864,  Sergeant  Joseph  Fulcher, 
of  the  2d  North  Carolina  loyal  infantry,  was  shot  after  being  taken  prisoner,  at 
Halifax,  North  Carolina,  and  Privates  Stephen  H.  Jones,  William  D.  Jones,  and 
John  J.  Brock,  of  the  same  regiment,  were  hung  at  Kinston,  North  Carolina,  in 
April  or  May,  1864. 

That  the  widows  of  some  of  these  men  are  alive,  and  able  and  willing  to  give 
valuable  evidence  in  the  matter,  viz : 

Mrs.  Catharine  Summerell,  Mrs.  Nancy  Jones,  Mrs.  Stephen  Jones,  Mrs. 
Sally  Brock,  Mrs. Freeman,  and  others. 

And  the  following  were  present  at  these  executions,  and  should  be  called  upon 
as  witnesses  :  Henry  Strong,  attorney ;  William  Field,  sheriff;  Reverend  Ceo. 
W.  Camp,  preacher;  also  Mr.  J.  H.  Dibble,  a  loyal  Union  man,  and  Winger 
Cooker. 

That  the  following  are  said  to  be  implicated  in  this  cruelty: 

AVilliam  Field,  sheriff;  Shadrach  E.  Loftin,  Elijah  F.  Loftin,  Captain  William 

Sutten,  James  W.  Morris,  esq.,  Major  John  Gr.  Wooten,  Preacher Cooval, 

Wiat  Churchwell. 

That  the  undersigned  believes  this  to  have  been  the  most  cruel  aud  brutal 
action  of  the  whole  rebellion,  a  flagrant  insult  to  the  United  States  government, 
intended  to  terrify  and  subdue  the  poor  whites  of  North  Carolina,  who  were 
mostly  Union  men,  and  to  compel  them  to  fight  against  their  countiy.  That, 
therefore,  he  requests,  respectfully,  that  a  military  commission  be  appointed  by 
the  commanding  general,  with  full  power  to  investigate  this  matter,  and  to  ex- 
pose the  cruelty,  vindicate  the  law,  and  punish  the  guilty,  and  restore  the  dignity 
of  the  United  States  government  which  has  been  violated  by  this  monstrous 
outrage. 

Respectfully  submitted  : 

W.  H.  DOHERTY, 
Captain  and  Assistant  Quartermaster. 
Brevet  Major  General  Ruger, 

Commanding;  Department  of  North  Carolina. 
Official : 

W.  A.  NICHOLS, 
Assistant  Adjutant  General. 
Newbern,  N.  C,  September  13,  1865. 


MUBDKIi    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  51 


State  of  North  Carolina,  Executive  Department, 

Raleigh,  N.  C,  November  23,  1865. 
Colonel  :  Your  communication  to  the  governor  of  yesterday's  date,  making 
inquiry  relative  to  the  organizations  of  State  troops  in  this  State  during  the  late 
rebellion,  is  to  hand,  and  I  have  the  honor,  in  answer,  to  state  that  there  were  two 
classes  of  troops  belonging  to  and  retained  by  the  State  during  the  rebellion,  to 
wit :  "  North  Carolina  State  troops,"  about  twenty-two  hundred  (2,200)  in  number, 
consisting  of  a  battalion  of  artillery  commanded  by  Major  Alexander  MeRoe, 
one  regiment  of  infantry  commanded  by  Colonel  James  W.  Hinton,  one  battalion 
of  infantry  commanded  by  Lieutenant  Colonel  Whit-ford,  and  two  or  three  de- 
tached companies  in  eastern  North  Carolina,  kept  regularly  in  service,  paid, 
clothed,  and  subsisted  by  the  State,  (except  when  temporarily  under  the  command 
of  so-cailed  confederate  general  officers,)  and  took  no  oath  except  allegiance  to 
the  State  authorities.  These  were  entirely  under  the  command  of  the  governor 
of  the  State  and  subject  to  no  other  authority  except  by  his  order,  temporarily. 
He  could  not  transfer  them.  The  other  class  was  the  entire  militia  of  the  State 
consolidated  into  an  organization  called  "a  guard  for  home  defence."  These,  by 
the  act  of  the  legislature,  consisted  of  every  white  male  person  not  enrolled  in  con- 
federate service,  between  eighteen  and  fifty  yeai-s,  except  the  executive,  judi- 
cial, and  legislative  departments  of  the  State,  and  were  liable  to  be  called  into 
active  service  by  the  governor  for  a  term  not  exceeding  ninety  (90)  days,  not  to 
go  beyond  the  limits  of  the  State  and  not  qualified  by  oath  at  all.  They  were 
not  transferable  to  any  other  authority. 

I  have  the  honor  to  be,  very  respectfully,  your  obedient  servant, 

EUGENE  GRISSOM,  Aide- dt- Camp. 
Colonel  J.  A.  Campbell, 

Assistant  Adjutant  General  U.  S.  A.,  Raleigh,  N.  C. 


State  of  North  Carolina,  Executive  Department, 

Raleigli,  N.   C,  January  21,  1866. 

General  :  A  gentleman  applied  to  me  this  morning  who  represented  himself  as 
a  member  of  a  court  or  board  of  inquiry,  desiring  certain  information,  to  wit : 
•'  proceedings  of  courts-martial  during  the  Avar  of  1S63-4;"  "correspondence  be- 
tween the  executive  department  and  confederate  authorities  respecting  the  execu- 
tion of  alleged  deserters;"  "orders  issuing  from  military  department  appertaining 
to  trial  and  execution  of  alleged  deserters." 

No  adjutant  general  has  yet  been  appointed  by  the  State.  The  papers 
belonging  to  the  military  department  of  the  State  during  the  war  are  boxed  up 
in  the  office  of  the  secretary  of  state  here,  and  may  be  inspected  by  any  person 
you  may  appoint,  and  every  facility  I  can  afford  will  be  given;  but  I  learn 
from  a  young  man  who  was  in  the  office  of  the  adjutant  general  throughout  the 
war,  that  no  trial  cf  any  alleged  deserter  occurred  during  the  war  under  any 
State  court-martial ;  and  he  further  states  that  no  orders  were  issued  in  relation 
to  the  trial  and  execution  of  deserters.  These  trials  and  executions,  as  he 
avers,  were  all  made  under  the  orders  of  the  confederate  authorities. 

"The  correspondence  between  the  executive  department  and  the  confederate 
authorities,  respecting  the  execution  of  alleged  deserters,"  if  any  such  exists, 
is  in  the  hands  of  the  United  States  authorities,  having  been  captured  by  the 
military  on  the  occupation  of  this  city  and  sent,  as  I  am  informed,  to  Washing- 
ton city. 

Very  respectfully,  your  obedient  servant, 

W.  H. 

Brevet  Major  General  T.  H.  Ruger, 

Commanding  Department  of  North  Carolina. 


52  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Headquarters  Department  of  North  Carolina, 

Raleigh,  N.  C,  April  IS,  1SG6. 
General  :  I  have  the  honor  to  acknowledge  the  receipt  of  telegram  of  tin? 
date,  directing  me  to  return  papers  connected  with  the  hanging  of  certain  North 
Carolina  United  States  prisoners,  by  direction  of  Hoke  and  Pickett,  late  rebel 
generals,  at  Kinston,  North  Carolina,  in  April  or  May,  1S64,  referred  to  me 
December  15,  1865,  and  to  report  what  steps  I  have  taken  in  the  matter. 
The  papers  in  the  matter  are  herewith  respectfully  forwarded.  No  steps  have 
been  taken  by  me  other  than  those  necessary  to  ascertain  the  truth  of  the  matter. 
A  board  of  officers  was  detailed  by  me  on  January  17,  1S6G,  to  farther 
investigate  the  matter.  Such  board  of  officers,  after  such  investigation  as  could 
be  had,  made  report  herewith  forwarded.  The  information  obtained  by  said 
board  not  being  sufficiently  full  to  enable  me  to  act  with  confidence  in  the 
matter  as  directed,  I  wrote  on  yesterday  a  letter  addressed  to  yourself  asking 
that  I  be  furnished  with  a  copy  of  the  court-martial  proceedings  had  by  the 
rebel  military  authorities  in  the  case  of  the  United  States  prisoners  executed  at 
Kinston,  North  Carolina,  if  such  proceedings  could  be  found  among  the  rebel 
archives.  The  matter  has  been  delayed,  owing  to  the  difficulty  of  obtaining 
evidence  of  persons  having  knowledge  of  the  facts. 
Very  respectfully,  your  obedient  servant, 

THOS.  H.  RUGER, 
Brevet  Major  General  Vols.,  Commanding. 
Brevet  Major  General  E.  D.  Townsend, 

Assistant  Adjutant  General,  U.  S.  A.,    Washington,  D.  C. 


Headquarters  Department  of  North  Carolina, 

Raleigh,  X.  C,  November  25,  1S65. 
General:  In  reply  to  the  indorsement  of  the  honorable  Secretary  of  War 
on  the  memorial  of  Captain  W.  H.  Doherty,  assistant  quartermaster  volunteers, 
(returned  herewith,)  I  have  the  honor  to  forward  herewith  the  report  of  a  board 
convened  by  my  order  on  the  receipt  of  the  original  memorial  of  Captain 
Doherty,  to  investigate  and  report  upon  the  circumstances  connected  with  the 
alleged  murders. 

I  also  forward  letter  from  an  aide-de-camp  of  Governor  H olden  in  reply  to  a 

letter  from  these  headquarters,  making  inquiries  as  to  the  status  of  the  North 

Carolina  State  troops,  to  which  organization  it  would  seem,  from  the  evidence, 

that  some  of  the  men  executed  by  the  rebel  authorities  had  at  one  time  belonged. 

I  have  the  honor  to  be,  general,  very  respectfully,  your  obedient  servant. 

THOS.  H.  RUGER, 
Brevet  Major  General  Vols..  Commanding. 
Brigadier  General  E.  D.  Townsend, 

Assistant  Adjutant  General,   Washington,  D.  C. 


THIRTY-NINTH  CONGRESS,  FIRST  SESSION. 

Congress  of  the  United  States, 

In  the  House  of  Representatives,  April  16,  1S66. 

On  motion  of  Mr.  Schenck, 

Resolved,  That  the  Secretary  of  War  be  directed  to  communicate   to  this 

house  a  report  of  the  Judge  Advocate  General,  and  such  other  information  as 

may  be  of  record  or  on  file  in  his  department  on  the  subject,  which  will  show 

what  are   the  facts  in   the  case,  and  what   steps   have  been   taken   to  bring  to 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  53 

justice  and  punishment  the  murderers  of  the  following  named  Union  soldiers, 
belonging  to  the  first  and  second  regiments  of  North  Carolina  loyal  infantry, 
alleged  to  have  been  tried  and  executed  by  orders  of  the  rebel  Generals  Pickett 
and  Hoke,  under  the  pretext  of  their  being  deserters  from  the  confederate  service, 
viz  :  Jesse  Summerell,  Hardy  Dougherty,  Stephen  Jones,  David  Jones, 
William   Haddock,   John   Freeman,   John    Brock,   Sergeant  Joseph   Fulcher, 

William  D.  Jones,  Charles  Cutherall, Kelluin,  Mitchell  Busick,  Louis 

Freeman,  Joseph  Haskett,  William  Irvine,  Amos  Aymett,  Stephen  H.  Jones, 
J.  J.  Brock. 

Attest : 

edward  Mcpherson,  cia-k. 

Official : 

W.  A.  NICHOLS, 
Assistant  Adjutant  General. 


No.  7. 

Bureau  ok  Military  Justice, 

War  Department,  December  30,  1865. 

An  examination  of  a  memorial  and  other  papers  submitted  to  it,  relating  to 
the  barbarous  slaying  upon  the  gallows  of  certain  unarmed  Union  soldiers,  by 
so-called  military  authority  of  rebel  forces,  at  Kinston,  North  Carolina,  in  the 
spring  of  1864,  led  this  office  to  report,  under  date  of  13th  instant,  that  while 
in  its  opinion  every  sentiment  of  patriotism  and  public  justice  forbids  that  the 
blood  of  these  murdered  men  should  cry  in  vain  from  their  dishonored  graves 
for  vengeance,  it  found  in  the  evidence  submitted  to  it  no  grounds  upon  which 
personal  charges  could  be  established  and  sustained  against  the  guilty  parties. 
It  therefore  recommended  that  the  papers  in  the  case  be  returned  to  the  com- 
manding general  of  the  department  of  North  Carolina,  with  instructions  to  cause 
further  and  minute  investigation  to  be  made  into  the  circumstances  attending 
this  outrage,  with  the  view  of  tracing  and  fixing  its  guilt  upon  individuals  who 
can  be  held  responsible;  and  in  case  the  investigation  should  prove  successful, 
to  prepare  charges  against  such  parties,  and  forthwith  appoint  a  military  com- 
mission for  their  trial.  There  was  no  evidence  in  the  papers  then  under  con- 
sideration showing  conclusively  by  whom,  or  by  whose  order,  these  sufferers 
were  arrested,  condemned,  or  slain;  but  a  letter  of  inquiry  addressed  by  this 
office  to  General  Peck,  then  commanding  in  North  Carolina,  led  him  to  refer  to 
a  correspondence  held  by  him  with  General  Pickett,  of  the  rebel  army,  in  Feb- 
ruary, 1864.  It  will  be  seen  from  copies  of  this  correspondence,  which  is  sub- 
mitted herewith,  that  the  letters  of  General  Pickett  of  16th  and  17th  February 
supply,  to  a  large  extent,  the  deficiency  of  evidence  referred  to.  Not  only  does 
the  imperious  and  vaunting  temper  in  which  these  letters  are  written  indicate 
his  readiness  to  commit  this  or  any  kindred  atrocity,  but  his  boastful  admissions 
that  he  was  in  command  at  the  time,  that  the  twenty-two  men,  of  whose  names 
he  furnishes  a  list,  had  been  executed,  and  his  threat  that  he  would  retaliate  in 
the  proportion  of  ten  to  one  by  executions  among  the  450  officers  and  men, 
whom  he  says  "1  have  in  my  hands,  and  subject  to  my  order,"  all  tend  to  show 
that  he  Avas  in  responsible  command,  and  furnish  evidence  upon  which  it,  is 
believed  charges  can  be  sustained  against  him. 

It  is  therefore  recommended  that  these  additional  papers  be  transmitted  to 
the  general  commanding,  to  be  used  in  connexion  with  such  other  evidence  as 
may  result  from  the  investigation  now  in  progress ;  and  when  the  preparation 
of  the  case  shall  have  been  completed,  charges  be  preferred  against  the  said  G. 


54  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

E.  Pickett,  and  such  other  persons  as  may  he  shown  to  have  been  in  complicity 
with  him  in  these  murders,  and  their  trial  ordered.  As  a  preliminary  step  to 
such  trial  it  is  suggested  that  Pickett  he  at  once  arrested  and  held  to  await  it, 
upon  the  evidence  furnished  in  bis  correspondence  adverted  to,  which  is  deemed 
abundantly  sufficient  to  warrant  such  arrest. 

J.  HOLT, 


The  Secretary  of  War. 

Official  copy : 


Judge  Advocate  General 


WM.  ATWOOD, 
Assistant  Adjutant  General . 


No.  S. 

Syracuse,  New  York,  December  22.  1865. 

General:  I  have  the  honor  to  acknowledge  the  receipt  of  yours  of  the  ISth 
instant,  in  relation  to  my  correspondence  while  commanding  the  "army  of  North 
Carolina,"  with  the  rebel  General  George  E.  Pickett,  touching  the  execution  of 
twenty-two  United  States  soldiers  in  the  winter  of  1864,  as  alleged  deserters 
from  the  rebel  army. 

Deeming  the  matter  a  grave  one,  I  promptly  advised  the  department  of  my 
action.  April  13,  1864,  I  transmitted  for  the  honorable  Secretary  of  War,  from 
the  headquarters  of  the  army  of  North  Carolina  an  official  copy  of  this  corre- 
spondence with  both  lists. 

It  is  proper  to  state  that  General  Pickett  published  in  the  rebel  papers  a  letter 
purporting  to  be  an  answer  to  my  final  communication  of  February  21,  but  which 
he  never  transmitted  to  me  or  my  successor. 

The  correspondence  thus  transmitted  will  fully  explain  the  circumstances  under 
which  I  addressed  General  Pickett,  and  give  the  status  of  the  fifty-three  North 
Carolinians,  for  whom  I  demanded  the  treatment  due  prisoners  of  war. 

As  requested,  I  enclose  the  original  communication  of  Major  General  George 
E.  Pickett,  from  "Headquarters  Department  of  North  Carolina,  Petersburg,  Vir- 
ginia, February  17,  1864,"  with  his  "list  of  prisoners"  captured  before  New- 
born and  executed  at  Kinston,  North  Carolina,  as  deserters  from  the  confederate 
army. 

Any  aid  or  assistance  in  my  power  will  be  cheerfully  given  you  at  any  time. 

I  remain,  general,  most  respectfully,  your  obedient  servant, 

JOHN  PECK, 


Late  Major  General  U.  S.  A. 


General  J.  Holt, 

Judge  Advocate  General,  Washington. 


Official  copy :  WM.  ATWOOD, 

Ass't  Adj't.  General. 

Respectfully  referred  to  the  Judge  Advocate  General  United  States  army. 

E.  D.  TOWNSEND, 

Assistant  Adjutant  General. 
Adjutant  General's  Office, 

December  29,  1865. 


MURDER    OF    UNION    SOLDIERS    IX    NORTH    CAROLINA.  00 


No.  9. 

War  Department,  Bureau  of  Military  Justice, 

Washington,  D  C,  December  30,  1S6;3. 
Sir  :  Referring  to  our  conversation  this  morning  in  regard  to  the  rebel  General 
Pickett,  I  beg  to  submit  the  enclosed  copy  of  a  letter  addressed  by  him  to  Gen- 
eral Peck,  the  original  of  which  is  in  my  hands.  Were  this  paper  referred  to  the 
Attorney  General,  it  is  thought  that  its  temper  and  avowals  might  assist  in  de- 
termining the  question  of  the  writer's  pardon,  which  is  said  to  be  pending  before 
the  President.  I  shall  recommend  the  arrest  and  trial  of  Pickett  for  the  murder 
of  the  twenty-two  Union  prisoners  of  war  who  were  executed  under  his  author- 
ity. 

\  ery  respectfully,  your  obedient  servant, 

J.  HOLT, 


Hon.  E.  M.  Stanton,  Secretary  of  War. 


Judge  Advocate  General. 


Official  copy  :  WM.  ATWOOD, 

AssH  Adj't  General. 


No.  10. 


Report  of  a  board  of  inquiry,  convened  j>er  Special  Order  No.  15,  dated  head- 
quarters department  of  North  Carolina,  Raleigh,  North  Carolina,  January  17, 
1S66,  "to  inquire  into  and  report  upon  the  circumstances  connected  with  the  al- 
leged murder  of  a  number  of  United  States  soldiers  by  the  rebels,  during  the 
months  of  March,  April,  and  May,  1864,  and  to  fix  the  guilt  of  their  murders 
on  individuals  who  can  be  held  responsible." 

Raleigh,  N.  C,  March  29,  1S66. 

In  pursuance  of  the  above  mentioned  order,  the  board  met  at  Raleigh,  North 
Carolina,  January  23,  1S66,  and  proceeded  to  examine  the  papers  submitted  by 
the  adjutant  general  of  the  department  for  its  information  and  guidance. 

Under  these  it  was  discovered  that  a  previous  board  had  sat  upon  this  same 
investigation;  the  board  did  not,  therefore,  consider  it  necessary  to  examine 
again  the  witnesses  whose  testimony  had  already  been  taken. 

Great  difficulty  was  experienced  in  finding  any  new  evidence  which  might 
reasonably  bear  upon  "the  circumstances  of  the  murder,  and  to  fix  the  guilt  upon 
individuals." 

Great  distaste  was  quite  generally  exhibited  by  the  witnesses  to  testify,  lest 
they  might  be  considered  by  their  friends  in  the  light  of  ''  informers."  Defec- 
tive memories  seemed  to  be  prevalent  in  reference  to  occurrences  at  the  par- 
ticular times  specified — the  witnesses  alleging,  however,  with  some  show  of 
reason,  that  the  exciting  military  events  then  constantly  succeeding  each  other 
unremittedly  did  not  permit  these  particular  ones  to  make  deep  impressions. 

The  members  of  the  board,  at  different  times,  visited  Salisbury,  Goldsborough. 
Kinston,  Newbern,  Halifax,  Beaufort,  and  other  localities,  for  the  purpose  of 
making  minute  inquiries;  they  made  personal  inquiries  of  members  of  the  State 
legislature,  the  secretary  of  state,  the  governor  of  the  State,  ex -Provisional 
Governor  Holden,  and  whoever  they  thought  might  be  likely  to  afford  informa- 
tion. 

With  the  permission  of  the  governor  of  the  State,  the  records  of  the  State 
adjutant  general's  office,  contained  in  many  large  boxes,  were  examined  to  find, 
if  possible,  the  "muster  in"  or  other  muster-rolls  of  the  particular  troops  to 


56  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

which  these  men  were  alleged  to  have  belonged  in  the  rebel  service,  as  it  was 
understood  that  such  rolls  contained  the  statement  of  the  specific  service  which 
local  troops  were  enlisted  to  perform ;  also  to  ascertain  whether  any  court- 
martial  proceedings  were  there  filed,  under  which  these  men  were  judged  and 
deprived  of  their  lives. 

Nothing,  however,  was  found,  although  the  court-martial  record?  and  regimental 
muster-roll  of  most  of  the  Xorth  Carolina  troops  were  found. 

It  is  regretted  that  no  return  has  been  received  to  the  communication  forwarded 
to  the  custodian  of  the  rebel  archives  at  Washington,  January  26,  1S66,  for  the 
obtaining  of  such  documentary  evidence  there  filed  as  would  have,  in  some 
measure,  elucidated  this  investigation. 

From  the  evidence  adduced  it  would  seem  that  all  those  captured  from  the 
United  States  forces  in  the  advance  of  the  rebels  on  Xewbern,  in  February,  1S64, 
and  executed,  had  previously  been  enlisted  either  in  the  military  service  of  the  so- 
called  Confederate  States  for  general  or  "local"  service,  or  in  Whitford's  battalion 
(67th  Xorth  Carolina  regiment)  of  State  troops.  (  Vide  testimony  of  Quarter- 
master John  Hughes,  and  testimony  of  Lieutenant  Colonel  S.  McD.  Tate.) 

The  charges  appear  in  each  case  to  have  been  "  desertion,"  and  pretty  generally 
the  same,  though  {vide  testimony  of  Lieutenant  Colonel  Tate)  some  were  alleged 
in  the  charges  "to  have  been  in  arms  against  the  Confederate  States,"  and  others 
"  to  have  been  found  at  Batchelor's  Creek  with  United  States  uniforms  on." 

The  testimony  taken  by  this  board  is  direct  that  Joseph  Hasket  and  David 
Jones,  who  were  among  those  first  tried  and  executed  at  Kinston,  had  previously- 
been  enlisted  men  in  the  10th  Xorth  Carolina  rebel  artillery  for  "general" 
service. 

The  State  of  Xorth  Carolina  organized  regiments  for  "general"'  service 
which,  after  organization,  were  duly  turned  over  to  the  so-called  confederate 
government.  These  were  the  Xorth  Carolina  troops  "for  the  war"  or  definite 
periods,  and  the  State  lost  all  control  of  their  movements  after  the  transfer. 

In  addition  to  these,  the  State  organized  for  "  local  defence, "  under  a  special 
State  statute,  certain  regiments,  viz :  the  67th  and  68th  regiments,  and  the  69th 
battalion,  generally  termed  "partisan  rangers,"  which  were  exclusively  State 
troops,  paid,  clothed,  and  subsisted  by  the  State,  and  for  its  especial  defence. 
These  troops  could  not  be  removed  form  the  State.  They  were,  however,  with 
the  sanction  of  the  rebel  State  authorities,  almost  always  "  acting  under  the 
orders  of  the  confederate  generals  commanding  the  districts  in  which  they  were 
located." 

To  this  class  of  "local  defence"  troops  some  few  of  those  captured  from  the 
Union  forces,  and  executed,  seem  to  have  belonged ;  and  from  the  evidence  it  is 
apparent  that  at  the  time  of  these  executions,  the  67th  regiment  of  State  troops 
(Whitford's  battalion)  was  acting  in  conjunction  with  the  confederate  forces,  and 
under  the  orders  of  the  confederate  Major  General  G.  E.  Pickett. 

Aside  from  these  two  classes  of  troops,  the  so-called  confederate  congress 
passed  an  act  August  21,  1861,  "  to  provide  for  local  defence  and  special  service," 
whereby  certain  kinds  of  volunteer  forces  were  organized  for  specific  purposes, 
and  with  certain  privileges.  Their  muster-rolls  specified  they  were  raised  under 
this  act,  and  setting  forth  distinctly  the  services  to  be  performed.  They  were 
not  considered  as  in  actual  service,  for  the  purpose  of  receiving  pay  and  subsis- 
tence, except  when  called  out  by  the  rebel  president.  They  were  not  to  be 
called  out  until  a  necessity  arose  for  their  services,  and  should  not  be  required  to 
go  beyond  the  limits  of  the  State  to  which  they  belonged.  They  were  expected 
to  serve  when  called  out  only  so  long  as  the  emergency  existed,  and  then  return 
to  their  ordinary  pursuits  until  again  called. 

This,  in  brief,  comprised  the  "terms  of  enlistment "  of  this  class  of  confederate 
troops,  and  under  this  head  were  organized  various  "  bridge  guard  companies" 
and  "local  defence  battalions." 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  57 

The  evidence  shows  that  the  Sth  battalion  of  the  North  Carolina  troops,  com- 
monly called  "Xethercutt's  battalion,"  or  "partisan  rangers,"  commanded  by 
Major  J.  H.  Xethercutt,  was  one  of  these  confederate  local  defence  battalions, 
organized  by  the  confederate  government  for  "  local  defence  service."  To  this 
battalion  the  testimony  of  the  former  board  of  inquiry  evidences  that  seven  of 
those  hung  had  previously  been  enlisted  in  prior  to  joining  the  United  States 
army. 

The  evidence  shows  that  this  class  of  troops  were  found  to  be  of  little  or  no 
service  ;  that  men  volunteered  therein  for  the  purpose  of  being  out  of  danger, 
avoiding  conscription,  and  remaining  near  their  homes — a  feeling  which  caused 
little  sympathy  for  them  among  the  rank  and  file  of  the  rebel  army. 

The  sweeping  conscription  act,  and  the  necessity  for  men,  induced  the  rebel 
war  department,  as  is  shown  by  the  testimony,  to  attempt  to  consolidate  their 
"local  defence  "  organizations  into  regiments,  and  send  them  to  the  "  front." 
Thus  Xethercutt's  and  Wright's  battalions  and  some  "  bridge  guard  "  com- 
panies were  assembled  and  ordered  up  to  Kinston  from  the  localities  in  which 
they  were  respectively  serving,  and,  in  obedience  to  orders  for  the  consolidation 
from  the  rebel  war  department  at  Richmond,  an  order  was  issued  by  the  district 
commander,  Brigadier  General  J.  CI.  Martin,  for  their  consolidation  into  a  regi- 
ment denominated  afterwards  the  66th  Xorth  Carolina,  and  to  which  A.  D. 
Moore  was  appointed  colonel  by  the  rebel  president. 

It  is  shown  that  this  consolidation  was  distasteful  to  Xethercutt's  men,  and 
that  considering  it  was  violating  the  terms  of  their  enlistment,  many  took  to 
the  woods  and  deserted,  and  coming  into  the  Union  lines,  enlisted  in  the  2d 
Xorth  Carolina  loyal  volunteers. 

That  {ride  testimony  of  Lieutenant  Snow,  A.  D.  C.)  at  first  not  half  of  Xether- 
cutt's battalion  came  up  for  consolidation,  and  that  an  extraordinary  camp  guard 
was  required  around  them  after  the  consolidation  into  the  66th  regiment. 

That  (vide  testimony  of  Lieutenant  Justice,  A.  D.  C.)  Major  General  G.  E. 
Pickett  afterwards  issued  a  proclamation  requiring  these  deserters  to  come  in 
and  surrender  themselves,  and  that  some  did,  and  were  sent  to  the  regiment  at 
"Wilmington. 

It  is  likewise  evidenced  that  most  of  these  men  were  within  the  conscriptive 
ages  of  the  then  recent  sweeping  conscription  law. 

That  the  so-called  confederate  government  considered  it  would  be  a  violation 
of  the  terms  of  their  enlistment  in  the  confederate  local  defence  service  to  trans- 
fer them  bodily  to  the  66th  regiment  for  general  service,  and  therefore  gave  them 
the  chance  either  to  go  willingly,  or  else  be  discharged  from  their  battalion  and 
be  conscripted  on  the  spot  into  the  66th. 

It  seems,  however,  (vide  testimony  of  General  Martin,)  that  Xethercutt's  bat- 
talion, as  an  organization,  was  transferred  bodily  to  the  66th,  as  most  of  the 
men  were  liable  for  conscription  under  the  conscript  law  by  reason  of  age,  and 
claimed  by  the  rebel  war  department.  That  the  confederate  authorities,  in  exe- 
cuting the  conscript  law,  had  no  authority  to  act  upon  "local  service  organiza- 
tions as  such,"  but  simply  upon  individuals  whose  age  and  condition  made  them 
liable.  That  most  went  into  the  66th,  of  Xethercutt's  men,  rather  than  go 
to  the  conscript  camp,  as  many  desertions  occurred  when  the  regiment  was 
ordered  from  Kinston  to  Wilmington. 

As  the  rebel  assistant  adjutant  general  of  the  State  at  that  time  testifies,  the 
offer  of  discharge  and  conscription  was  merely  a  change  on  paper — the  individual 
Avas  held  all  the  same,  and  "restrained  of  his  liberty." 

It  is  to  be  regretted  that  the  board  could  not  ascertain  more  definitely  as  to 
whether  the  names  of  those  executed  were  ever  borne  on  the  rolls  of  the  66th 
as  "volunteers,"  or  whether  they  deserted  before  consolidation. 

The  testimony  of  Judge  Battel,  of  the  Xorth  Carolina  supreme  court,  clearly 
shows,  that  many  petitions  for  the  writ  of  habeas  corpus  being  presented  to  him 


58  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROL  I XA 

he  discharged  the  petitioners  from  military  custody  on  the  ground,  "that  having 
enlisted  for  particular  special  service,  they  could  not  he  conscripted  for  the 
general  service,  but  could  be  held  for  the  special  service  they  had  originally  en- 
listed for,  and  which  they  were  still  liable  to  perforin. 

How  far  the  so-called  confederate  government  had  the  belligerent  right  to  dis- 
charge its  enlisted  men  of  these  local  defence  battalions  from  service,  and  con- 
script them  on  the  spot  for  general  service  on  refusal  to  enter  voluntarily  into 
the  66th,  this  board  did  not  feel  called  upon  to  determine. 

It  is  proven  that  the  66th  regiment,  composed  of  these  "  local  service" 
battalions,  afterwards  was  sent  from  the  limits  of  North  Carolina  to  the  rebel 
army  of  Virginia. 

The  testimony  of  General  Martin,  in  whose  brigade  the  66th  was,  and  under 
whose  direction  the  consolidation  was  completed,  is  to  the  effect  that  "an  enlisted 
man  would  not  have  violated  the  terms  of  enlistment  in  Nethercutt's  battalion 
by  going  home  instead  of  to  the  66th  regiment,  bui;  that  he  would  have  been 
treated  as  a  deserter  under  the  rebel  conscript  law,  and  the  orders  issued  in  pur- 
suance thereof." 

He  also  says,  that  at  the  times  of  the  executions  in  1S61  he  was  told  by  some 
of  the  officers  of  Nethercutt's  battalion  in  the  66th  "that  some  of  their  men  had 
just  been  shot  at  Kinston  for  desertion." 

The  evidence  all  tends  to  prove  indirectly  that  a  general  court-martial  was 
held  at  Kinston  by  the  rebels  for  the  trial  of  all  our  captured  Union  soldiers 
Avho  were  executed ;  that  they  were  alleged  to  have  been  deserters  from  the 
rebel  service;  that  the  usual  proceedings  were  gone  through  with  customary  at 
military  executions,  such  as  troops,  parades  under  arms,  and  courts-martial 
proceedings  and  orders  read  by  officers  of  the  general  staff,  &c.  It  is  also  proven 
that  Major  General  G.  E.  Pickett  was  in  command  of  the  rebel  forces  at  the 
times  of  these  various  executions  of  captured  Union  soldiers  at  Kinston  ;  that  he 
gave  the  orders  for  their  execution,  and  that  no  other  officer  in  the  rebel  depart- 
ment of  Eastern  North  Carolina  had  authority  to  order  an  execution  bat  him. 

The  testimony  of  Blunt  King,  of  Goldsborough,  hangman  at  one  of  these  execu- 
tions, is  interesting-  as  showing  the  "animus"  of  the  commanding  rebel  general. 

Irrelevant  evidence  induces  the  board  to  give  full  credence  to  King's  testi- 
mony, despite  the  rather  unfavorable  character  attributed  to  him  by  the  inquiry 
of  the  previous  board. 

The  correspondence  between  Major  General  John  Peck,  commanding  United 
States  forces  in  North  Carolina,  and  Major  General  G.  E.  Pickett,  (copies  of 
which  are  appended  to  the  evidence,)  tends  in  some  degree  to  elucidate  this 
inquiry. 

Files  of  such  newspaper  journals  of  the  State  (to  the  number  of  11)  for  1863-'64 
as  could  be  obtained,  were  examined  by  the  board ;  and  such  as  contained  any 
allusions  to  these  murders  are  also  appended  to  the  testimony. 

As  to  the  guilt  of  individuals  concerned  in  the  execution  of  the  United 
States  soldiers  captured  on  the  Newbern  expedition  and  who  had  previously 
taken  voluntary  service  and  been  duly  enlisted  in  the  rebel  army,  either  in 
the  10th  North  Carolina  artillery  for  general  service,  or  in  the  67th  North 
Carolina  regiment  (Whitford's  battalion)  State  troops  for  local  service,  the 
board  refrain  from  reporting,  as  under  the  belligerent  rights  at  that  time  accord- 
ed the  rebels,  there  would  seem  to  be  but  little  doubt  as  to  the  "jus  bella? " 
inherent  to  belligerency  to  punish  desertion  capitally. 

As  to  the  execution,  however,  by  the  rebels  of  such  Union  soldiers  from  the 
2d  North  Carolina  loyal  volunteers  as  had,  previous  to  enlisting  in  our  service, 
either  deserted  from  Nethercutt's  local  defence  battalion  or  the  bridge  guard 
companies,  upon  the  attempt  to  consolidate  into  the  66th,  or  deserted  after  such 
consolidation,  or,  being  loyal  North  Carolinians,  had  fled  from  conscription  ser- 
vice, before   or  alter    their  conscription,  the  board   have  been    guided  by  the 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  59 

opinion  of  the  Judge  Advocate  General  of  the  12th  December,  1865,  on  the  in- 
vestigation of  the  previous  board. 

That  opinion  upon  the  case  of  the  local  company  to  which  Clinton  Cox 
belonged,  and  which  was  given  the  choice  to  enlist  or  be  conscripted  into  the 
rebel  service,  declares  : 

"That  it  was  well  understood  throughout  the  country  that  in  1863-'64  the 
whole  serviceable  population  of  the  south  was  swept  into  the  rebel  army  by  a 
most  ruthless  conscription,  demanding  a  service  that  was  treason  against  all 
their  obligations  as  American  citizen?.  Submission  to  that  service  was  in 
itself  a  crime,  from  which  it  was  their  bounden  duty  as  men  and  patriots  to  flee 
at  the  first  opportunity.  Having  so  fled  and  taken  service  and  shelter  under 
their  country's  flag,  they  were  entitled  to  the  protection  of  that  country  so  long 
as  it  could  be  extended  to  them,  and  to  its  ample  vengeance  upon  their  oppress- 
ors and  murderers  for  their  shameful  death." 

The  board  are  therefore  of  the  opinion  that  the  rebel  Major  General  CI.  E. 
Pickett,  commanding  the  cepartment  of  eastern  North  Carolina,  in  1864.  in  the 
language  of  the  Judge  Advocate  General,  "  was  the  guilty  party  by  whom  or 
by  whose  order  these  sufferers  were  arrested  and  prosecuted,  and  by  whose 
order  executed." 

The  board  regret  their  inability,  after  diligent  search,  to  prove  "  by  whom 
these  men  were  tried  and  condemned." 

The  evidence  taken  tends  towards  showing  that  the  court-martial  before 
which  they  were  brought  was  a  general  court-martial  ordered  by  General  Pickett, 
composed  principally  of  Virginians,  although  there  seems  to  have  been  more 
than  one  court  in  session  at  the  same  time. 

While  other  prominent  rebels  seem  to  have  been  concerned  in  these  shame- 
ful transactions  as  accessories,  the  evidence  clearly  shows  that  General  Pickett 
was  the  prominent  authority  under  whose  direction  everything  connected  with 
the  murder  of  our  soldiers  took  place  ;  and  the  board  are  therefore  unable,  from 
the  evidence  they  have  been  able  to  collect,  to  fix  the  guilt  upon  any  subordinate 
in  such  a  manner  as  to  contain  grounds  sufficient  for  preferring  personal  charges. 

All  of  which  is  respectfully  submitted. 

ASA  BIRD  GARDNER, 
1*/  Lieut,  and  Adj't  1th  Reg't  V.  R.  C,  and 

President  Board  of  Inquiry. 
GEORGE  H.  PENNIMAN, 
1st  Lieut.  28tk  Mich.  lvf.  Vols.,  and  Recorder. 
WILLIAM  R.  WILCOX, 
2d  Lieut.  Co.  K,  28th  Mich.  Inf.  Vols. 

Brevet  Major  General  T.  H.  Rugek, 

Commanding  Dep't  of  North  Carolina,   Raleigh,  N.  C. 


[Special  Order  No.  15. — Extract.] 

Headquarters  Department  of  North  Carolina, 

Raleigh,  North  Carolina,  January  17,  1S66. 

A  board  of  officers  is  hereby  appointed  to  convene  at  Raleigh,  North  Carolina, 
on  the  23d  day  of  January,  1866,  or  as  soon  thereafter  as  practicable,  to  in- 
quire into  and  report  upon  the  circumstances  connected  with  the  alleged  murder 
of  a  number  of  United  States  soldiers  by  the  rebels  during  the  months  of 
March,  April,  and  May,  1S64,  and  to  fix  the  guilt  of  these  murders  on  individ- 
uals who  can  be  held  responsible. 

The  board  will  proceed  from  time  to  time  to  such  places  in  the  department 
as  may  be  necessary  to  procure  and  establish  the  facts  in  the  case. 


GO  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Detailed  for  the  board,  1st  Lieutenant  and  Adjutant  Asa  Bird  Gardner,  7  th  regi- 
ment, Veteran  Reserve  Corps  ;  1st  Lieutenant  George  H.  Pennirnan,  28th  Michi- 
gan volunteer  infantry;   2d  lieutenant  William  R.  Wilcox,  28th  Michigan  vol- 
teer  infantry.     Lieutenant  Penniman  will  act  as  recorder  of  the  board. 
By  command  of  Brevet  Major  General  Ruger : 

J.  A.  CAMPBELL, 

Assistant  Adjutant  General. 
A  true  copy  : 

ASA  BIRD  GARDNER, 
l.-t  Lieut,  and  Ad/t  1th  Reg't  V.  R.  C,  and 

President  Board  of  Inquiry . 
Official  : 

W.  A.  Nichols, 

Assistant  Adjutant  General. 


No.  II. 


Abstract  of  testimony,  taken  before  the  board  of  inquiry  convened  per  Special 
Order  Xo.  15.  headquarters  department  of  North  Carolina,  Raleigh,  January 
17,  1S66,  in  the  matter  of  the  murder  of  certain  Union  soldiers  at  Kinston, 
by  the  rebels,  in,  1864. 

Proceedings  of  a  board  of  inquiry  convened  at  Raleigh,  North  Carolina,  by  vir- 
tue of  the  following  order,  viz  : 

[Special  Order  No.  15. — Extract.] 

Headquarters  Department  of  North  Carolina, 

Raleigh,  North  Carolina,  January  17,  1866. 

*  #  *  #  *  *  # 

A  board  of  officers  is  hereby  appointed  to  convene  at  Raleigh,  North  Carolina, 
on  the  23d  day  of  January,  1S66,  or  as  soon  thereafter  as  practicable,  to  inquire 
into  and  report  upon  the  circumstances  connected  with  the  alleged  murder  of 
a  number  of  United  States  soldiers  by  the  rebels  during  the  months  of  March, 
April,  and  May,  1S64,  and  to  fix  the  guilt  of  these  murders  on  individuals 
who  can  be  held  responsible. 

The  board  will  proceed  from  time  to  time  to  such  places  in  the  department 
as  may  be  necessary  to  procure  and  establish  the  facts  in  the  case. 

Detailed  for  the  board,  1st  Lieutenant  and  Adjutant  Asa  Bird  Gardner,  7th 
regiment  Veteran  Reserve  Corps  ;   1st  Lieutenant  George  H.  Penniman,  28th 
Michigan  volunteer  infantry  ;  2d  Lieutenant  William  R  Wilcox,  28th  Michigan 
volunteer  infantry.     Lieutenant  Penniman  will  act  as  recorder  of  the  board. 
By  command  of  Brevet  Major  General  Ruger  : 

J.  A.  CAMPBELL, 

Assistant  Adjutant  General. 
A  true  copy  : 

ASA  BIRD  GARDNER, 
1st  Lieut   and  Adj't  1th  Reg't  V.  R.  C,  and 

President  Board  of  Inquiry. 


Tuesday,  January  23,  1866. 

The  court  met  in  puruance  of  the  above  order  at  department  headquarters, 
Raleigh,  North  Carolina,  at  10  o'clock  a.  m.,  all  the  members  being  present,  and 
having  duly  organized  under  oath,  according  to  the  articles  of  war  in  such  cases 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  61 

made  and  provided,  adjourned  to   the  24th  day  of  January,  1SG6,  in  order  to 
peruse  papers  submitted  for  examination. 

January  24,  1S6G. 
Court  met  pursuant  to  adjournment  at  10  o'clock  a.  m.,  all  the  members  being 
present.  After  consultation  it  was  considered  advisable  that  the  recorder  should 
wait  upon  the  governor  of  the  State,  in  order  to  ascertain  the  whereabouts  of 
records  of  proceedings  of  courts-martial  or  orders  and  proceedings  of  rebel 
authorities  of  the  State  of  North  Carolina,  or  of  the  so-called  Confederate  States, 
during  the  years  1863  and  1864,  respecting  matters  under  investigation;  also  to 
confer  with  ex-Provisional  Governor  Holden  and  others,  to  make  proper  in- 
quiries respecting  the  execution  of  certain  alleged  deserters  at  Kinston,  North 
Carolina,  by  the  rebel  authorities  of  the  so-called  Confederate  States.  Adjourned 
to  the  25th  day  of  January,  IS66,  at  10  o'clock  a.  in. 

January  25,  1S66. 
The  court  met  pursuant  to  adjournment,  all  the  members  being  present.  After 
hearing  the  report  of  the  recorder  respecting  the  interview  with  Governor  Worth, 
ex-Provisional  Governor  Holden,  and  others,  the  court  directed  the  recorder  to 
summon  witnesses  familiar  with  the  transactions  in  the  adjutant  general's  office  of 
North  Carolina,  through  department  headquarters,  to  the  officer  in  charge  of  rebel 
archives  at  Washington,  D.  C,  requesting  search  to  be  made  for  proceedings  or 
records  of  proceedings  calculated  to  throw  light  upon  the  subject-matter  of  in- 
vestigation, and  adjourned  until  the  26th  day  of  January,  1S66,  at  10  o'clock  a.  m. 

January  27,  1S66. 

The  court  met  in  pursuance  of  adjournment,  all  the  members  being  present. 

Private  Adonijah  N.  Proctor,  company  K,  28th  Michigan  volunteers,  reported 
as  clerk  in  compliance  with  the  detail.  After  consultation  the  court  adjourned,  for 
the  purpose  of  awaiting  the  attendance  of  witnesses,  to  the  29th  day  of  January, 
1S66,  at  10  o'clock  a.  m. 

January  29,  1S66. 
The  court  met  in  pursuance  of  adjournment,  all  the  members  being  present. 
In  consequence  of  the  non-attendance  of  witnesses,  after  consultation  the  board 
adjourned  until  the  30th  day  of  January,  at  10  o'clock  a.  m.,  for -the  purpose  of 
examining  records  and  papers  by  the  secretary  of  state  of  the  State  of  North 
Carolina,  January  30,  1866,  at  10  o'clock  a.  m. 

January,  30,  1S66. 

The  court  met  in  pursuance  of  adjournment,  all  the  members  being  present. 

First  witness,  John  B.  Neathery,  being  duly  sworn  by  the  recorder,  deposed  as 
follows  : 

Question.  What  is  your  name  and  age  ? 

Answer.  My  name  is  John  B.  Neathery,  and  am  thirty  years  of  age. 

Question.  Where  do  you  reside,  and  what  is  your  occupation  ? 

Answer.  I  reside  in  Raleigh,  and  am  a  printer. 

Question.  What  was  your  occupation  in  1864  I 

Answer.  I  was  an  assistant  adjutant  general  in  1S63  and  1864,  in  the  office 
of  the  adjutant  general  of  North  Carolina,  at  Raleigh,  North  Carolina,  with  the 
rank  of  first  lieutenant. 

Question.  What  was  the  nature  of  your  duties  1 

Answer.  My  business  was  divided  in  totwo  departments,  "military"  and 
•"troops."     1  attended  troops  department,  but  attended  military  department  in 


62  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

1S64,  there  being  no  other  clerk.  There  was  a  correspondence  kept  up  in  the 
State.     A.  M.  McPheeters,  clerk  to  Governor  Vance,  living-  in  Raleigh. 

Question.  Do  you  know  what  officer  was  in  command  at  Kinston,  North 
Carolina,  when  certain  alleged  deserters  were  executed  in  the  early  part  of  1864  ? 

Answer.  General  G.  E.  Pickett  was  in  command  in  the  department,  including 
Kinston,  at  that  time.  I  waa  in  Kinston  a  few  days  after  the  execution  in  April, 
and  recollect  the  people  expressed  great  regret  at  the  execution,  feeling  that  it 
was  for  a  small  offence.  I  had  a  conversation  with  Mr.  Higgins,  who  was  in 
Kinston  and  witnessed  the  execution.  I  frequently  issued  orders  to  regiments 
in  State  service  (67th  and  6Sth)  for  court-martials.  They  were  sometimes  called 
"partisan  rangers  ;"  the  69th  was  a  State  battalion.  These  troops  remained  in 
State  service  till  the  surrender.  They  drew  their  pay  and  clothing  from 
the  State,  but  were  rationed  by  the  confederate  government.  There  were 
some  "partisan  rangers"  raised  under  confederate  authority,  and  possibly  some 
muster-rolls  came  to  the  State.  The  66th  was  formed  of  these,  and  also 
Xethercutt's  battalion.  As  "  partisan  rangers,"  they  could  not  be  removed  from 
their  immediate  section.  When  they  were  found  to  be  of  little  use,  an  order 
was  issued  for  their  transfer  to  the  66th  regiment.  The  order  was  considered  a 
violation  of  the  terms  of  their  enlistment,  and  opposed  to  by  the  men.  The  men 
were  given  their  choice  of  going  into  the  66th  regiment  or  being  mustered  out 
and  conscripted,  which  amounted  to  the  same  thing. 

Question.  State  your  sum  of  information  respecting  the  status  of  the  North 
Carolina  State  militia,  or  what  you  know  about  proceedings  of  court-martials  in 
the  year  1S64? 

Answer.  I  frequently  issued  orders  to  regiments  in  State  service  (67th  and  6Sth ) 
for  court-martials.  They  were  sometimes  called  "partisan  rangers ;"  the  69th 
was  a  State  battalion.  These  troops  remained  in  the  State  service  till  the  sur- 
render. They  drew  their  pay  and  clothing  from  the  State,  but  were  rationed  by 
the  confederate  government.  There  were  some  "partisan  rangers"  raised  under 
confederate  authority,  and  possibly  some  muster-rolls  came  to  the  State.  The 
66th  was  formed  of  Nethercutt's  battalion.  As  "partisan  rangers,"  they  could 
not  be  removed  out  of  their  immediate  section.  When  they  were  found  to  be  of 
little  use,  an  order  was  issued  for  their  transfer  to  the  66th  regiment.  The  order 
was  considered  a  violation  of  the  terms  of  their  enlistment,  and  ejected  to  by  the 
men.  Tliey  were  given  their  choice  of  going  into  the  66th  regiment  or  being 
mustered  out  and  conscripted,  which  amounted  to  the  same  thing — "  whipping  the 
devil  around  the  stump."  It  was  understood  by  the  confederate  authorities  to 
be  a  violation  of  their  organized  enlistment;  it  was  considered  merely  a  change 
of  position  on  paper,  as  they  would  have  been  sent  to  the  regiment  all  the  same 
under  the  confederate  conscript  laws.  This  order  was  from  the  Confederate 
States ;  I  think  there  was  some  objection  by  the  State  authorities,  the  general 
opinion  being  that  by  entering  the  local  defence  service  one  escaped  being  sent 
to  Virginia.  It  was  understood  that  men  enlisted  in  these  organizations  to  avoid 
being  removed  from  their  section  to  more  active  service.  The  dissatisfaction  of 
the  State  was  evinced  by  a  protest.  Many  of  these  men  transferred  to  the  66th 
without  their  consent  were  discharged  by  habeas  corpus  by  the  supreme  court 
of  the  State.  The  troops  were  enlisted  under  act  of  the  State,  and  then  transferred 
to  Confederate  States.  These  "partisan  rangers"  were  enrolled  under  con- 
federate act,  generally  remained  at  home,  being  out,  say,  a  week  a  ta  time  on  what 
was  called  scouts.  They  had  no  regular  camp,  and  some  would  always  be  at 
home.  I  think  they  drew  rations  from  the  confederate  authorities,  and  were  sup- 
posed to  be  in  camp.  They  were  required  to  make  reports;  it  was  a  loose  ar- 
rangement; the  officers  sympathized  with  the  men,  and  but  few  reports  were 
made.  There  was  a  local  militia  also,  composed  of  militia  officers,  magistrates,  &c, 
though  none  except  those  who  were  necessary  to  execute  the  laws  of  the  State, 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  63 

as  the  governor  determined.  Sometimes  there  were  forty  militia  officers  in  a 
county  and  no  enlisted  men. 

Question.  Do  you  know  the  name  of  the  officer  commanding  this  department 
in  1864? 

Answer.  General  Pickett  was  in  command  in  North  Carolina.  I  think  the 
"partisan  rangers,"  as  an  organization,  was  abolished  in  the  latter  part  of  1863  ; 
it  was  considered  one  of  the  most  perfect  ways  to  avoid  conscription,  to  enlist 
in  an  organization  for  "local  defence,"  similar  to  the  "partisan  rangers."  I 
never  heard  of  any  men  being  arrested  after  being  discharged  on  writs  of  habeas 
corf  us ;  the  writ  directed  them  to  be  sent  to  their  homes  and  there  remain  un- 
molested. The  writ  was  suspended  in  this  State  on  that  account.  Judge  Battle 
discharged  some  from  the  66th.  I  remember  one  company  of  which  he  dis- 
charged two  men.  The  legality  of  the  order  transferring  them  was  declared  null 
and  void,  but  that  these  men  were  liable  to  duty  under  the  original  act,  under  which 
they  had  enlisted.  I  know  of  but  little  more  of  the  "  partisan  rangers;  "  some 
were  discharged  under  writs  of  habeas  corpus ;  some  were  dragooned  into  the 
service,  and  others  succeeded  in  effecting  their  escape  to  the  woods.  My  im- 
pression is  that  they  were  not  allowed  to  return  to  their  homes;  the  pressure 
was  for  men,  and  they  were  compelled  to  consent  to  go  into  the  66th,  or  to  be 
discharged  and  conscripted  on  the  spot  into  the  regiment;  the  whole  thing  was 
on  paper,  and  ultimately  meant  service  in  the  66th  any  way.  The  66th  was  a 
collection  of  odds  and  ends  not  belonging  to  any  other  organizations,  by  officers 
who  had  seen  service,  and  thought  they  deserved  places.  In  nearly  all  the 
regiments  the  officers  were  allowed  to  elect  their  field  officers,  but  in  this  regi- 
ment the  field  officers  were  appointed  by  the  confederate  government,  without 
consent  of  the  line  officers,  and  not  chosen  from  them,  except  Major  J.  H.  Nether- 
cutt.     There  were  four  companies  of  partisan  rangers,  and  four  bridge  guards. 

The  court  then  adjourned  until  10  o'clock  a.  m.,  February  1,  1866. 

February  1,  I860. 

The  court  met  in  pursuance  of  adjournment,  all  the  members  being  present. 
Minutes  of  last  meeting  read  and  approved.  The  president  reported  that  the 
boxes  containing  the  books  and  papers  of  the  confederate  adjutant  general  had 
been  partially  examined,  and  was  in  hopes  that  the  roll  and  papers  containing 
evidence  of  the  court-martials  could  be  found.  The  recorder  was  instructed  to 
summon  the  clerk  of  the  supreme  court  and  George  Snow  to  appear  as  wit- 
nesses before  this  court  on  to-morrow.  The  court  then  adjourned  until  10  o'clock 
a.  m.,  February  2,  1866. 

February  2,  I860. 

The  court  convened  at  10  o'clok  a.  m.  in  pursuance  of  adjournment,  all  the 
members  present. 

Second  witness,  Edmund  B.  Freeman,  being  duly  sworn,  testified  as  follows : 

Question.  What  is  your  name,  age,  and  residence  ? 

Answer.  My  name  is  Edmund  B.  Freeman;  age,  seventy;  residence,  Raleigh, 
since  1833.  Have  been  engaged  during  the  whole  time  as  clerk  of  the  supreme 
court  of  North  Carolina. 

Question.  Have  you  had  charge  of  the  files  of  the  records  in  the  office  for  the 
past  five  years  ? 

Answer.  Yes,  perfect  control  of  them.  Judge  Richmond  M.  Pierson  was 
chief  justice  of  North  Carolina  in  1864,  and  Judges  Battle  and  Manly  were  the 
associate  justices. 

Question.  What  was  the  practice  of  court  at  chambers,  generally,  as  to 
filing;  written  decisions  ? 


6  4  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Answer.  The  court  hears  decisions  as  to  habeas  corpus  cases  at  chambers, 
and  returns  the  written  decision  to  the  superior  court  clerk's  office  in  the  county 
petitioner  resides. 

Question.  Was  it  customary  to  file  on  record  in  the  clerk's  office  any  decision 
of  a  justice  at  chambers  ? 

Answer.  No,  sir  ;   unless  removed  there  by  writ  of  certiorari. 

Question.  Was  the  decision  of  the  judge  of  the  supreme  court  in  these  habeas 
corpus  cases  final] 

Answer.  Yer,  sir;  the  petition  was  either  overruled  or  granted. 

Question.  Was  it  the  practice  of  the  justice  to  keep  the  record  of  proceedings  ? 

Answer.  No,  sir,  not  usually  ;  they  were  published  in  the  newspapers. 

Question.  Was  it  your  custom  to  notice  the  decisions  generally  made  by  the 
judges  at  chambers  ] 

Answer.  No,  sir ;  only  as  papers  came  before  me  as  clerk. 

Question.  Do  you  remember  any  habeas  corpus  cases  before  Judge  Battle 
early  in  1S64? 

Answer.  No,  sir  ;  I  believe  there  were  none  in  this  county. 

Question.  Can  you  not  call  to  mind  the  nature  of  any  habeas  corpus  decisions 
made  early  in  1864  ? 

Answer.  No,  sir ;  there  was  no  one  I  was  interested  in. 

Question.  Was  it  not  your  custom  to  read  over  the  petition  1 

Answer.  No,  sir  ;  only  ask  the  petitioner  if  he  has  read  over  the  petition,  and 
then  swore  him  to  it  as  commissioner. 

Question.  Do  you  not  recollect  of  hearing  of  certain  prisoners  held  under 
military  authority  being  discharged  by  one  or  more  justices  of  the  supreme  court 
early  in  1S64  or  late  in  1863  ? 

Answer.  No,  sir,  I  do  not;   my  memory  is  not  good  at  best. 

Question.  From  whom  did  you  receive  your  appointment  as  clerk  % 

Answer.  By  the  court. 

Question.  Are  these  reports  correct  copies  of  decisions  made  in  the  supreme 
court  % 

Answer.  They  are. 

Question.  Who  was  reporter  of  the  decisions  wf  the  supreme  court  in  1S63  and 
1S64  ? 

Answer.  Patrick  Winston. 

Third  witness,  George  Snow,  being  duly  sworn,  testified  as  follows  : 

Question.  What  is  your  name,  residence,  and  occupation? 

Answer.  George  Snow;  age,  19;  residence,  Raleigh,  always;  occupation, 
running  a  saw-mill. 

Question.  What  was  your  occupation  in  1S63  and  1864  ? 

Answer.  I  was  in  the  army  a  part  of  1S63  and  all  of  1864. 

Question.  What  capacity ? 

Answer.  First  as  aide-de-camp  to  Brigadier  General  Martin,  with  rank  of 
lieutenant. 

Question.  What  department  was  General  Martin's  brigade  in? 

Answer.  Department  of  east  North  Carolina,  with  headquarters  at  Kinston. 

Question.  Where  were  you  stationed  in  January,  February,  March,  and  April, 
1864? 

Answer.  At  Nassau,  Bermuda,  part  of  the  time  ;  but  in  field  was  in  Virginia. 

Question.  With  whom  did  you  go  to  Bermuda  ? 

Answer.  With  Captain  Crossman  as  captain's  clerk,  though  still  in  the  service. 
It  was  a  sort  of  leave  of  absence.  I  went  with  permission  of  General  Martin  and 
the  department  general. 

Question.  Were  you  ever  aide-de-camp  for  anybody  else? 


MURDER    OF    UNION    SOLDIERS    IN   NORTH    CAROLINA.  65 

Answer.  Yes ;  Colonel  Cowans,  in  A.  P.  Hill's  corps.  I  was  on  Lis  staff  one 
month. 

Question.  What  regiments  composed  his  brigade? 

Answer.  The  7th,  ISth,  28th,  33d,  and  37th  North  Carolina. 

Question.  How  long  were  you  in  North  Carolina  during  January,  February, 
March,  and  April,  1864  1 

Answer.  About  ten  days  ;  I  came  from  Wilmington,  North  Carolina. 

Question.  "What  division  commander  did  you  serve  under  in  1S63  and  1864  ? 

Answer.  Major  General  Whiting  at  Wilmington,  commanding  department ; 
Major  General  Wilcox,  who  was  my  immediate  commander  in  3d  army  corps  of 
A.  P.  Hill. 

Question.  Did  you  ever  hear  of  Major  General  Pickett  1 

Answer.  Yes,  sir;  have  seen  him. 

Question.  Did  you  ever  serve  under  him  ? 

Answer.  I  do  not  know  whether  General  Martin  was  ever  subject  to  his  or- 
ders when  in  North  Carolina;  not  otherwise. 

Question.  What  was  your  regiment  % 

Answer.  33d  North  Carolina. 

Question.  Did  you  ever  know  any  officer  named  Hoke  ? 

Answer.  Yes,  sir,  there  were  three;  Major  Ft.  F.  Hoke,  afterwards  major  gen- 
eral, was  from  my  regiment. 

Question.  Give  the  names  of  some  of  the  officers  connected  with  the  regiment. 

Answer.  Colonel  R.  V.  Cowan,  Hutersville,  North  Carolina,  33d  regiment ; 
Colonel  Joseph  H.  Saunders,  North  Carolina,  (always  in  prison,)  33d  regiment, 
from  Rapidan  station  ;  Captain  W.  H.  Lucus,  of  Baltimore — is  engaged  there  in 
mercantile  business ;  Captain  G.  W.  Sanderlin,  Pasquotank  county ;  Captain 
J.  A.  Weston,  Baltimore,  law  student. 

Question.  Do  you  know  any  others  residing  in  Raleigh  belonging  to  the  regi- 
ment ? 

Answer.  No,  sir,  I  believe  I  am  the  only  man. 

Question.  How  long  had  Major  Hoke  been  transferred  when  you  joined  it  1 

Answer.  I  do  not  know;  he  left  the  regiment  at  Orange  Court  House  before  I 
joined  it,  as  lieutenant  colonel.  I  resigned  my  lieutenancy  on  General  Martin's 
staff  to  accept  a  second  lieutenancy  in  1864,  in  company  H,  of  the  33d  regiment. 

Question.  Did  you  know  of  any  "local  defence"  organization  here  in  1S64  l 

Answer.  No,  sir;  I  knew  of  the  militia. 

Question.  Did  you  know  General  R.  F.  Hoke's  brigade  ? 

Answer.  No,  sir;  if  I  could  recollect  the  regiments  of  his  brigade,  I  am  sure 
I  should  know  some  of  them;  nor  do  I  know  where  they  were  stationed.  Lieu- 
tenant Justice,  of  my  regiment,  went  on  his  staff;  I  do  not  know  him,  only  by 
reputation ;  do  not  know  where  he  resides. 

Question.  How  was  he  transferred? 

Answer.  I  think  he  went  to  General  Hoke  as  adjutant  of  the  regiment  of 
which  General  Hoke  was  colonel,  before  the  general's  promotion. 

Question.  Did  you  ever  hear  of  certain  local  defence  organizations  which  were 
put  in  the  confederate  service  1 

Answer.  I  know  of  some  bridge-guard  companies,  and  also  some  partisan 
rangers,  which  were  attached  to  our  command.  * 

Question.  What  were  they  1 

Answer.  Nethercutt's  battalion;  they  were  attached  to  us  in  1863. 

Question.  Did  you  ever  see  any  of  them  afterwards  ? 

Answer.  Yes,  again  at  Petersburg,  Virginia.  They  were  formed  into  a  regi- 
ment under  General  Martin  in  North  Carolina. 

Question.  Were  you  ever  associated  with  any  of  the  members  of  Hoke's 
brigade  directly  or  indirectly  ? 

Answer.  No,  sir,  not  that  I  can  recollect. 
Ex.  Doc.  98 5 


66  MURDER   OF   UNION    SOLDIERS    IN   NORTH    CAROLINA. 

Question.  Were  you  ever  at  Newbern  in  1864  ? 

Answer.  No, -sir,  not  in  the  town;  I  was  in  Virginia  from  February,  1864. 

Question.  Are  you  positive  you  were  never  in  Kinston  after  November,  1863 1 

Answer.  No,  sir;  but  I  was  not  there  after  December  1. 

Question.  How  many  months  were  you  there  ? 

Answer.  I  think  I  arrived  there  about  the  10th  of  August,  1863,  and  left 
about  October  or  November,  for  "Wilmington.  I  remained  in  Wilmington,  taking 
out  the  two  months  I  was  away. 

Question.  Did  you  ever  return  to  Kinston  after  going  to  Wilmington  ? 

Answer.  No,  sir,  I  did  not. 

Question.  In  what  capacity  did  you  act  while  in  Kinston,  during  the  three 
months  mentioned  ? 

Answer.  I  was  principally  in  the  office  of  General  Martin,  first  as  acting  aide- 
de-camp  and  in  charge  of  the  couriers. 

Question.  What  brigade  relieved  you  at  Kinston  ? 

Answer.  I  think  Colquitt's  brigade  of  Georgians. 

Question.  Do  you  know  who  relieved  them  ? 

Answer.  No,  sir ;  possibly  Hoke's,  but  I  am  not  sure. 

Question.  Do  you  recollect  of  any  arrests  being  made  ? 

Answer.  No,  sir,  nothing  but  incidental  police  regulations. 

Question.  Do  you  recollect  of  the  organization  of  troops  into  companies  and 
regiments  during  that  time? 

Answer.  I  do. 

Question.  What  organizations  do  you  recollect  of? 

Answer.  I  recollect  of  the  formation  of  the  66th  regiment. 

Question.  In  what  month  was  it  formed  ? 

Answer.  About  September  or  October,  1863. 

Question.  Do  you  recollect  under  whose  orders  they  were  formed  1 

Answer.  The  war  department  at  Richmond. 

Question.  From  what  source  wras  this  order  promulgated,  so  far  as  your  depart- 
ment was  concerned? 

Answer.  I  am  not  certain,  but  think  it  likely  that  General  Martin  should  have 
issued  an  order. 

Question.  Did  you  have  any  conversation  with  the  officers  of  that  regiment 
in  reference  to  its  formation  ? 

Answer.  Yes,  sir;  Captain  Sykes,  who  is  dead. 

Question.  What  was  said  ? 

Answer.  I  remember  a  contention  as  to  who  should  be  captain.  Sykes  was 
second  lieutenant,  and  took  the  old  captain's  place;  also  that  Nethercutt  should 
be  lieutenant  colonel. 

Question.  Did  you  ever  hear  of  any  fluttering  on  the  part  of  the  privates  ? 

Answer.  Yes,  sir;  they  volunteered  for  duty  therein  "Nethercutt's  battalion," 
and  did  not  want  to  leave  home.  After  the  66th  was  formed,  there  was  no 
fluttering  at  all. 

Question.  Was  it  not  understood  that  those  men  termed  volunteers  were  men 
who  had  volunteered  into  other  organizations,  and  not  into  the  66th  ? 

Answer.  Yes,  sir. 

Question.  Do  you  know  of  any  desertions  or  escapes  having  been  effected 
during  the  time  they  were  in  camp  ? 

Answer.  No,  sir ;  but  in  bringing  them  up  to  general  rendezvous  many  did 
not  come  and  got  away. 

Question.  Do  you  not  remember  that  some  other  organization  was  used  to 
collect  these  men? 

Answer.  No,  sir ;  but  Major  Nethercutt  advised  that  himself  and  some  other 
influential  officers  should  go  down  and  persuade  the  men  to  come  up.     These 


MURDER   OF   UNION   SOLDIERS   IN   NORTH    CAROLINA.  67 

men  could  go  to  their  homes  almost  every  night,  and  did  not  like  to  go  away, 
where  it  was  unknown  to  them. 

Question.  In  bringing  the  battalion  up,  how  many  came  ? 

Answer.  Not  half  of  them. 

Question.  What  brigade  was  the  66th  assigned  to  after  formation  ? 

Answer.  Martin's  brigade,  and  went  to  Wilmington,  and  thence  to  Virginia. 

Question.  Do  you  know  the  names  of  any  of  General  Martin's  staff? 

Answer.  Yes,  sir;  Major  A.  Gordon,  quartermaster,  Ashville,  North  Carolina; 
Captain  C.  G.  Elliot,  assistant  adjutant  general,  Pasquotank  county. 

Question.  What  regiments  were  in  Martin's  brigade  at  this  time  1 

Answer..  42d,  50th,  17th,  on  detailed  service.  General  Martin  resides  at 
Ashville,  North  Carolina. 

Question.  Did  you  ever  see  any  of  the  66th  under  guard  ? 

Answer.  Yes,  sir;  but  do  not  remember  what  regiments. 

Question.  Was  it  not  generally  understood  in  the  staff  that  it  required  a  con- 
siderable force  to  keep  this  regiment  together  ? 

Answer.  Yes,  sir;  Nethercutt  had  some  men  he  could  trust,  who  did  guard 
duty,  and  who  would  have  died  for  him. 

Question.  Did  you  ever  hear  of  the  66th  regiment  being  in  any  battle  ? 

Answer.  Oh,  yes,  sir,  and  they  fought  like  men  at  Coal  Harbor.  A  good 
many  of  the  66th  afterwards  joined  the  regiment ;  seeing  the  error  of  their  ways, 
they  would  come  in  by  squads,  as  the  regiment  was  a  long  while  in  the  State. 

Question.  Were  there  any  orders  or  notices  directing  the  arrest  of  such  men 
as  deserters  who  had  not  reported  to  the  66th  ? 

Answer.  Not  that  I  remember. 

Question.  Did  you  ever  hear  of  the  execution  of  any  alleged  deserters  from 
the  66th  North  Carolina? 

Answer.  No,  sir;  never  heard  of  any,  or  know  of  any. 

February  8,  1S66. 

Court  of  inquiry  met,  as  per  adjournment,  from  time  to  time  during  the  ab- 
sence of  Lieutenant  Wilcox  and  the  clerk  ;  after  hearing  the  report  of  Lieuten- 
ant Wilcox,  the  recorder  was  instructed  to  summon  John  C.  Tay,  Major 
Hughes  and  Colonel  Whitford,  all  of  Newbern  and  vicinity. 

Court  then  adjourned  to  meet  at  10  o'clock  a.  m.,  February  9,  1866. 

February  9,  1866. 

Court  met  in  pursuance  to   adjournment,   all  the  members  being  present. 

Samuel  McDonald  Tate,  fourth  witness,  being  duly  sworn,  deposes  as  follows  : 

My  name  is  Samuel  McDonald  Tate ;  my  age  is  thirty-five  ;  my  occupation  is 
that  of  a  gentleman. 

Question.  What  was  your  occupation  in  the  early  part  of  the  year  1864  ? 

Answer.  I  was  an  officer  in  the  confederate  army,  with  the  rank  of  lieuten- 
ant colonel. 

Question.  Were  you  in  command  of  a  regiment  at  that  time  ? 

Answer.  Yes,  the  6th  North  Carolina  State  troops,  organized  in  1862  for  the 
war,  and  known  as  the  regular  army  of  the  State  of  North  Carolina. 

Question.   What  brigade  were  you  attached  to  in  February  and  March,  1864  1 

Answer.  Hoke's  brigade — General  E.  F.  Hoke. 

Question.  Where  were  you  stationed  at  that  time  ? 

Answer.  I  think  in  the  latter  part  of  January,  1864,  we  were  encamped  on  the 
Eapidan,  Virginia,  and  ordered  then  to  North  Carolina,  and  came  by  way  of 
Richmond  and  Petersburg  to  Kinston,  where  we  remained  until  about  the  mid- 
dle of  April.  We  left  Kinston  and  went  to  Plymouth,  which  I  think  we  cap- 
tured about  the  20th  of  April. 


68     MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 

Question.  Who  were  the  commanding  officers  of  regiments  while  you  were 
at  Kinston  1 

Answer.  General  Lewis,  then  lieutenant  colonel,  commanded  43d  North  Caro- 
lina regiment  a  portion  of  the  time,  then  the  21st  Georgia  regiment,  commanded 
by  a  colonel  who  was  afterwards  killed  at  Plymouth,  I  forget  his  name ;  Lieu- 
tenant Colonel  Hooper  was  lieutenant  colonel  of  that  regiment.  There  were  four 
regiments  and  a  battalion  in  the  brigade,  (the  brigade  proper.)  The  43d  North 
Carolina  and  21st  Georgia  were  detached  from  Lee's  army  and  added  to  the 
brigade.  The  6th  regiment  was  commanded  by  myself;  the  21st  North  Caro- 
lina regiment  was  commanded  by  Major  Win.  J.  Phofe ;  the  54th  North  Caro- 
lina regiment  was  commanded  by  Major  Rogers  ;  the  57th  North  Carolina  reg- 
iment was  commanded  by  Major  James  A.  Craig  ;  the  1st  North  Carolina  battal- 
ion of  sharpshooters,  commanded  by  Captain  Cooper,  and  a  portion  of  this  time  by 
Captain  Wilson,  who  had  been  severely  wounded,  so  the  command  devolved  upon 
Captain  Cooper,  who,  on  Captain  Winslow's  return,  acted  temporarily  on  Gen- 
eral Hoke's  staff.  When  orders  were  received  for  moving  of  troops  from  Vir- 
ginia to  the  army  of  North  Carolina,  General  Hoke  communicated  the  informa- 
tion to  me,  and  left  the  command  in  Virginia,  turning  it  over  to  me.  I  brought 
the  command  through  and  overtook  General  Hoke  at  Petersburg,  and  again  at 
Garysburg,  North  Carolina,  and  assumed  command  of  the  forces.  I  think  he 
was  in  command  from  the  time  we  met  him  in  Garysburg,  because  there  the  de- 
tailed regiments  joined,  and  the  colonel  of  the  Georgia  regiment  ranked  me. 
This  officer  had  been  drinking,  and  General  Hoke  did  not  wish  him  to  remain 
in  command,  so  that  I  really  commanded  the  brigade  proper  through  what  may 
be  called  the  Newbern  campaign.     There  were  other  brigades  in  the  campaign. 

Question.  While  at  Kinston  were  there  any  other  brigades  stationed  there  1 

Answer.  Yes,  sir  ;  Kemper's  Virginia  brigade.  Kemper  was  then  a  prisoner, 
and  did  not  command. 

^Question.  While  at  Kinston  do  you  recollect  of  the  execution  of  any 
deserters  ? 

Answer.  Yes,  sir ;  about  seventy-odd. 

Question.  Was  Hoke's  brigade  present  ? 

Answer.  Yes,  sir. 

Question.  Who  was  the  commanding  officer  of  all  the  forces  in  Kinston  1 

Answer.  That  is  exceedingly  hard  to  say. 

Question.  Did  you  see  General  Hoke  in  command  at  the  execution  ? 

Answer.  Yes,  sir ;  I  took  my  regiment  out  to  see  the  execution.  I  do  not 
know  who  I  got  my  orders  from,  Hoke  or  Corse;  Corse  was  senior  to  Hoke, 
but  was  not  always  there.  The  order  to  take  out  my  troops  to  the  execution 
I  think  came  from  General  Hoke,  my  brigade  commander.  I  know  a  court- 
martial  was  convened  there. 

Question.  What  other  regiments  were  present  at  the  time  of  the  execution  ? 

AnsAver.  Hoke's  brigade  was  ordered  to  be  present. 

Question.  How  many  executions  did  you  attend  1 

Answer.  Well,  it  was  a  sort  of  general  hanging  down  there.  There  were  so 
mauy  executions  that  I  was  considerably  worried  at  having  to  take  my  men 
over  so  often  as  there  was  such  deep  sand.  At  one  time  I  think  a  dozen  were 
hung. 

Question.  Do  you  know  what  these  men  were  charged  with  1 

Answer.  After  these  men  were  carried  out  on  to  the  field,  before  being  exe- 
cuted, the  proceedings  of  the  court-martial's  order  convening  court,  &c,  were 
read,  as  is  usual. 

Question.  Do  you  know  by  whose  order  the  execution  took  place  1 

Answer.  Yes,  sir;  by  order  of  General  Pickett,  commanding  department.  I 
know  I  saw  General  Hoke  present  at  one  of  these  hangings,  and  I  think  at  the 
first  one  of  these  twelve. 


MURDER   OF   UNION    SOLDIERS    IN   NORTH    CAROLINA.  69 

Question.  "Was  any  detail  made  from  your  regiment  to  hang  these  twelve? 

Answer.  Not  that  I  know  of;  I  do  not  think  I  was  called  on  for  any  detail 
for  that  specific  purpose.  The  charges  on  which  they  were  hung  were  desertion 
to  the  enemy,  and  seemed  in  each  case  to  be  pretty  generally  the  same,  and  the 
specifications  were  to  some  of  them  that  they  were  duly  enlisted  men  in  Nether- 
cutt's  and  Whitford's  battalions,  and  were  in  the  "State"  or  "local"  service. 

Question.  Were  they  not  charged  with  being  in  arms  against  the  Confederate 
States  ? 

Answer.  Some  of  them  were,  but  not  all.  I  think  some  of  them  were  found 
at  Batchelor's  Creek,  with  United  States  uniforms  on ;  I  am  sure  one  or  more 
of  those  men  had  on  blue  pants  and  dark-blue  blowse,  and  cap  answering  to  the 
uniform  of  the  United  States. 

Question.  Will  you  state  the  modus  operandi  by  which  these  twelve  men 
were  executed  ? 

Answer.  I  think  there  was  a  square  around  the  scaffold  at  a  point  about  equi- 
distance, and  officers  read  the  charges  and  specifications  against  the  prisoners, 
and  finding  of  court-martial,  and  the  order  for  their  execution.  After  this, 
some  of  the  chaplains  of  the  command  made  a  public  prayer  in  their  behalf. 
The  prisoners  were  then  marched  upon  the  scaffold,  the  ropes  were  adjusted 
around  their  necks,  and,  I  believe,  given  in  every  instance  an  opportunity  to 
make  any  remarks  they  wished  to  make.  The  trap  was  sprung  under  them  and 
they  were  hung.  We  always  waited  until  they  were  pronounced  dead  by  the 
surgeons.     I  received  orders  to  march  off  from  General  Hoke's  staff  officers. 

Question.  Did  any  of  them  make  remarks  ? 

Answer.  I  do  not  know  if  they  did  ;   I  was  too  far  removed  to  hear. 

Question.  In  what  month  did  this  occur  ? 

Answer.  In  February  or  March,  while  we  were  at  Kinston. 

Question.  Did  you  ever  have  any  conversation  with  General  Hoke  or  any  of 
his  staff,  in  reference  to  these  executions  ? 

Answer.  General  Hoke  and  I  were  very  intimate  aside  from  official  business  ; 
we  were  very  social  and  friendly ;  had  been  raised  in  the  same  part  of  North 
Carolina.  We  have  had  so  many  conversations  about  the  war,  that  it  is  quite 
likely.  The  occasion  was  one  which  would  naturally  cause  it,  but  I  cannot 
remember  anything  particularly.  I  do  not  recollect  any  particular  conversation 
in  reference  to  the  men. 

Question.  Did  you  never  make  inquiries  or  desire  any  information  except 
from  hearing  cbarges  read  ? 

Answer.  Yes,  sir,  I  presume  I  did.  I  heard  several  officers  discuss  the  matter 
both  before  and  after  the  hanging.  It  was  understood  that  some  of  them  ran 
into  the  United  States  lines  to  escape  arrest. 

Question.  Do  you  know  or  have  you  any  information  of  the  commands  to 
which  the  officers  of  the  court-martial  belonged,  by  whom  these  men  were  tried? 

Answer.  I  have  not  the  most  remote  idea.  I  do  not  think  I  ever  heard,  because 
I  did  not  know  really  that  there  were  such  prisoners  being  tried  until  the  pro- 
ceedings were  read  out.  They  must  have  been  tried  by  some  division  court- 
martial  then  in  session,  and  not  organized  for  that  specific  purpose.  I  was  de- 
tailed on  a  court-martial,  but  do  not  think  they  were  tried  by  that  court.  I  got 
excused  from  serving,  because  we  had  but  few  officers  in  my  regiment,  and  a 
large  number  of  recruits,  and  I  wanted  to  attend  to  them  myself.  The  court 
was  ordered  by  General  Pickett,  and  I  think  convened  after  the  execution  of 
these  men.  My  impression  is  that  these  men  were  executed  in  presence  of  Hoke's 
brigade,  as  an  example  to  such  as  might  be  weak-kneed  among  the  North  Caro- 
lina soldiers. 

Question.  Do  you  recollect  any  of  the  chaplains  attending  these  men? 

Answer.  Yes,  sir;  Chaplain  John  Varis,  of  the  54th  North  Carolina. 

Question.  What  denomination  ? 


70     MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 

Answer.  Methodist,  I  think  Protestant  Methodist,  from  Virginia. 

Question.  Did  yon  have  any  transferred  men  in  your  regiment  from  the  local 
organizations  of  the  State  ? 

Answer.  Yes,  sir;  from  the  reserves,  but  not  from  Whitford's  or  Nethercutt's 
battalions. 

Question.  Who  composed  General  Hoke's  staff? 

Answer.  Major  Lyons  was  his  commissary;  Captain  Adams,  adjutant  gen- 
eral's department;  Lieutenant  Justice,  personal  staff. 

Question.  Do  you  know  where  any  of  them  reside  1 

Answer.  I  do  not. 

Question.  Do  you  know  where  any  of  General  G.  E.  Pickett's  staff  reside? 

Answer.  No,  sir. 

Question.  Do  you  recollect  who  approved  of  the  sentence  against  these  men? 

Answer.  General  G.  E.  Pickett.  No  one  short  of  a  commander  of  a  depart- 
ment or  army  in  the  field  could  approve  a  death  sentence. 

Question.  Do  you  know  whether  the  men  had  any  counsel  allowed  them  ? 

Answer.  No,  sir;  I  know  nothing  about  it  more. 

Question.  How  many  of  these  executions  did  you  attend  ? 

Answer.  Three  or  more.  They  began  and  increased  until  they  got  to  be 
frightful.  I  think  there  were  twenty-odd  hung  at  the  first  time,  but  I  am  not 
positive  to  more  than  twelve,  as  I  wish  to  be  particular.  In  our  service  we  shot 
a  man  for  desertion;  but  for  desertion  to  the  enemy,  which  was  a  higher  offence, 
we  hung  them,  and  that  is  why  I  think  these  men  were  hung. 

Court  adjourned  until  Saturday,  February  10,  1866,  10  o'clock  a.  m. 

February  10,  1866 — 10  o'clock  a.  m. 

Court  convened  in  pursuance  to  adjournment,  all  the  members  being  present. 
The  minutes  of  the  last  meeting  were  read  and  approved. 

Fifth  witness,  Mr.  Englehart,  clerk  of  the  senate  of  North  Carolina,  appeared, 
was  sworn,  and  stated  that  he  was  a  major  in  the  adjutant  general's  department 
of  the  confederate  army,  under  General  Lee,  and  knew  nothing  about  the  army 
of  North  Carolina  in  the  year  1864,  only  as  he  read  accounts  of  it  in  the  papers, 
being  stationed  at  the  time  on  the  Rapidan  river,  in  Virginia. 

Sixth  witness,  Oscar  Eastmond,  sworn : 

My  name  is  Oscar  Eastmond ;  am  26  years  of  age ;  am  a  liquor  dealer  byoccu- 
pation,  and  reside  in  Raleigh,  North  Carolina.  In  the  early  part  of  1S64, 1  was 
captain  of  the  1st  North  Carolina  volunteers,  (loyal.)  I  was  stationed  at  Little 
Washington  in  the  months  of  February  and  March,  1864.  I  afterwards  became 
commander  of  the  regiment.  I  knew  a  mau  by  the  name  of  Swayne,  who  was 
tried  by  the  same  court  that  condemned  the  men  hung  at  Kinston,  in  the  early 
part  of  1864.     He  now  resides  at  or  near  Washington,  North  Carolina. 

Seventh  witness,  Caleb  Gaylod,  sworn : 

My  name  is  Caleb  Gaylod;  I  reside  in  Raleigh,  North  Carolina;  I  am  18 
years  of  age;  I  was  a  soldier  in  the  early  part  of  1S64,  in  1st  North  Carolina 
cavalry,  (loyal  Union;)  I  was  not  present  at  the  execution  of  Union  prisoners 
at  Kinston,  North  Carolina,  in  1S64,  but  heard  of  it;  I  do  not  know  of  any 
person  on  the  trial  of  these  men. 

Rooms  Court  of  Inquiry, 

February  15,  1S66. 
Court  met  in  pursuance  of  adjournment,  all  being  present  except  the  presi- 
dent, absent  by  orders  from  headquarters  department  of  North  Carolina. 

Eighth  witness,  John  Hughes,  sworn,  who  testified  as  follows  :  Reside  in 


MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA.     7 

Newbern,  North  Carolina;  my  occupation  a  lawyer;  am  thirty-five  years  of  age; 
I  was  in  the  confederate  army  in  1S64. 

Question.  In  what  capacity  were  you  acting? 

Answer.  I  was  quartermaster  in  Hoke's  brigade. 

Question.  Where  were  you  stationed  in  February  and  March,  1S64  ? 

Answer.  At  Kinston,  North  Carolina.  His  adjutant,  James  Adams  ;  John  A. 
Cooper,  aide-de-camp;  John  G.  Justice,  aide-de-camp;  Major  J.  TV.  Lyon,  com- 
missary; Sed.  Guion,  ordnance  officer;  Dr.  Vernon,  brigade  surgeon.  Adams 
resides  in  Lewisburg,  North  Carolina;  Cooper  resides  in  Iredell  county,  North 
Carolina;  Justice  resides  in  Lincolnton  county,  North  Carolina;  Lyon  resides  in 
Baltimore,  Maryland;  Guion  resides  in  Mecklenburg  county,  North  Carolina; 
Dr.  Vernon  resides  at  Shepherdstown,  Virginia.  I  remember  of  the  execution 
of  alleged  deserters  at  Kinston,  North  Carolina ;  in  the  early  part  of  1864. 
I  remember  of  some  twenty-odd  being  hung  for  desertion  to  the  enemy.  At 
the  time  of  the  battle  of  Batchelor's  creek,  North  Carolina,  these  men  were 
captured.  I  was  in  Virginia;  had  been  left  at  Gordonsville  by  General  Hoke, 
in  charge  of  baggage  and  transportation  during  the  temporary  absence  of  the 
brigade  in  North  Carolina.  I  was  ordered  to  Kinston,  and  reached  there  upon 
the  day,  I  think,  of  the  execution  of  thirteen  of  these  deserters,  ten,  1  think, 
having  been  previously  executed.  I  therefore  cannot  of  my  personal  knowledge 
state  that  there  was  a  court-martial,  but  I  was  informed,  at  the  time  of  the  exe- 
cution of  the  thirteen  men  above  mentioned,  that  the  whole  number  had  been 
duly  tried  and  condemned  to  be  hung  by  a  regularly  constituted  court-martial. 
I  witnessed  the  execution,  which  was  conducted  in  the  usual  form,  in  the  presence 
of  all  the  troops  then  in  the  vicinity  of  Kinston ;  the  condemned  being  attended 
and  ministered  to  at  the  time  of  their  execution  by  the  brigade  chaplain.  The 
reason  why  I  made  the  inquiry  was,  I  was  a  lawyer  and  felt  interested  in  the 
matter;  it  was  the  only  execution  by  hanging  I  had  ever  witnessed  in  the  army. 
My  impression  is,  I  spoke  with  General  Hoke  on  the  subject;  I  was  on  terms  of 
intimacy  with  the  general,  and  messed  with  him.  I  asked  the  general  when  these 
men  had  been  tried  and  who  constituted  the  court ;  I  think  he  stated  that  they 
had  been  tried  soon  after  they  were  brought  to  Kinston,  and  that  he  gave  me  a 
statement  of  the  members  of  the  court ;  I  cannot  recollect  one  of  them  at  present. 
He  stated  that  they  had  been  tried  in  two  separate  parties.  I  think  the  court 
was  composed  of  Virginians ;  no  North  Carolinians  and  Georgians.  I  was  so 
far  from  the  scaffold  I  could  not  hear  the  charges  read.  I  think  they  all  had 
federal  uniforms  on.  I  was  informed  that  they  had  deserted  from  TVhitford's  and 
Nethercutt's  commands.  I  was  informed  that  the  order  was  from  General  G.  E. 
Pickett  ordering  their  execution,  who  commanded  the  department  at  the  time. 
I  saw  them  buried  under  the  scaffold.  I  saw  the  body  of  a  man  executed 
removed  by  his  Wife.  I  saw  the  graves  dug  and  the  place  where  they  were  buried 
afterwards.  The  troops  were  transferred  by  the  State  to  the  confederate  govern- 
ment without  re-enlisting. 

Ninth  witness,  John  N.  TVhitford,  sworn  :  My  name  is  John  N.  TVhitford ; 
reside  in  Jones  county ;  my  home  is  in  Newbern ;  I  am  thirty-one  years  of  age ; 
my  occupation  is  a  farmer.  In  1864  I  was  in  the  service  of  the  State  of  North 
Carolina;  I  was  a  lieutenant  colonel  of  a  battalion  in  the  early  part  of  1864, 
called  TVhitford's  battalion,  afterwards  the  67th  North  Carolina  State  troops  for 
"local  defence."  The  terms  of  enlistment  were,  not  to  be  removed  out  of  the 
State  of  North  Carolina.  They  enlisted  as  State  troops.  The  way  in  which 
the  67th  was  formed  was  in  the  formation  of  new  companies  to  be  attached  to 
TVhitford's  battalion. 

I  was  not  present  at  Kinston  at  the  time  of  the  execution  of  the  alleged 
deserters ;  I  was  on  picket  duty.     Some  of  my  command  were  even  arrested  as 


72  MUEDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

deserters.      Rufus  W.  Horton  was  inspector  general  of  Hoke's  brigade;   he 
resides  at  Washington. 

The  court  adjourned  until  February  16,  1S66,  at  ten  o'clock  a.  m. 

February  16,  1866—10  o'clock  a.m. 
In  consequence  of  the  absence  of  the  president  of  the  court,  per  special  order 
No.  40,  ex.  4,  dated  headquarters  department  of  North  Carolina,  February  13th, 
1S66,  directing  the  president  to  proceed  to  New  York  on  public  business,  the 
court  adjourned  until  February  23,  1866,  at  10  oclock  a.  m. 

February  23,  1866 — 10  o'clock  a.  m. 
Court  met  in  pursuance  of  adjournment,  all  the  members  being  present,  and 
adjourned  to  the  1st  of  March,  1S66,  to  await  the  attendance  of  witnesses. 

March  1,  1866—10  o'clock  a.  m. 
Court  met  in  pursuance  of  adjournment,  all  the  members  being  present.     The 
witnesses   summoned  not  being  in  attendance,  the  court  adjourned  to  the  2d 
March,  1866,  at  10  o'clock  a.  m. 

March  2,  1S66— 10  o'clock  a.  m. 

Court  met  in  pursuance  of  adjournment,  all  the  members  being  present. 

Tenth  witness,  Z.  B.  Vance,  being  duly  sworn,  deposed  as  follows: 

My  name  is  Z.  B.  Vance  ;  reside  in  Statesville,  North  Carolina  ;  was  governor 
of  North  Carolina  in  1864,  and  resided  in  Raleigh. 

Question.  State  what  you  know  about  the  status  of  the  State  troops  or  organ- 
izations for  local  defence  of  the  State  of  North  Carolina  in  1863  and  1S64. 

Answer.  There  were  two  classes,  home  guards  or  militia,  and  State  troops 
which  could  not  leave  the  State  without  my  authority.  General  Martin,  of 
eastern  North  Carolina,  ordered  these  detached  bodies  into  the  66th  regiment. 
Nethercutt's  battalion  rebelled  against  it,  and  went  in  not  very  cheerfully.  The 
great  difficulty  did  not  arise  until  the  regiment  was  ordered  to  Wilmington,  claim- 
ing that  they  were  raised  for  local  defence  around  the  Neuse  river,  &c.  Some 
250  or  300  took  to  the  woods  and  refused  to  go,  but  all  came  up  except  about 
fifty. 

No  official  report  was  made  to  me  of  the  execution  of  the  deserters  at  Kinston 
in  federal  uniforms.  Major  General  Pickett,  I  believe,  was  in  command  of  the  ex- 
pedition, and  being  superior  to  General  Martin,  temporarily  took  command.  I 
think  General  Tony  Baker  was  in  command  instead  of  General  Martin. 

There  was  some  account  in  the  newspapers  of  the  hanging  of  twenty. 

I  am  inclined  to  think  the  confederate  government  did  not  keep  faith  with 
those  local  troops,  who  were  found  to  be  of  little,  if  any,  benefit  to  the  service. 

I  know  Colonel  Fenabee,  who  raised  a  command  for  the  local  service  on  the 
Chowan  river,  was  forced  into  the  regular  service  by  the  confederate  government. 

I  did  at  various  times  make  appeals  to  confederate  authorities  in  behalf  of 
men  of  this  State.  These  men  were  enlisted  entirely  for  local  defence,  and 
every  effort  was  made  to  transfer  these  organizations  into  the  regular  service  of 
the  confederacy  when  they  were  found  to  be  worthless. 

I  myself  favored  transfer  to  regular  service  where  it  could  be  done  without 
violation  of  good  faith,  but  though  in  these  instances  of  Nethercutt's  battalion 
it  was  a  violation  of  their  enlistment  agreements. 

My  impression  is  that  the  first  I  heard  was  of  the  execution  of  these  men. 

Court  then  adjourned  until  March  6,  1866,  at  10  o'clock  a.  m. 

March  6,  1866 — 10  o'clock  a.  m. 
Court  met  pursuant  to  adjournment,  and,  for  absence  of  witnesses,  adjourned 
to  meet  March  7,  1866,  at  10  o'clock  a.  m. 


MURDER    OF   UNION    SOLDIERS   IN   NORTH    CAROLINA.  73 

March  7,  1866 — 10  o'clock  a.  m. 

Court  met  in  pursuance  of  adjournment,  absent  Lieutenant  Penniman,  recorder 

Eleventh  witness,  John  G.  Justice,  sworn :  Am  twenty-one  years  of  age;  reside 
in  Lincolnton,North  Carolina.  In  fore  part  of  1864  was  lieutenant  and  aide-de- 
camp on  the  staff  of  Brigadier  General  R.  F.  Hoke.  In  the  months  of  Jan- 
uary, February,  March,  and  first  few  days  of  April,  was  stationed  at  Kinston. 
I  knew  of  the  execution  of  certain  alleged  deserters  from  the  confederate 
army  at  Kinston  in  those  months,  who  had  been  captured  from  the  Union  forces, 
and  was  present  at  the  execution.  I  remember  the  name  of  but  one  of  the 
captured,  called  Jackson. 

Question.  Who  were  on  the  court-martial  that  tried  these  men? 

Answer.  I  do  not  recollect. 

Question.  State  what  regiment  they  had  belonged  to  in  the  rebel  army  1 

Answer.  The  first  two  hung  belonged  to  company  B,  10th  North  Carolina  ar- 
tillery ;  the  others  I  do  not  know. 

Queston.  How  many  executions  were  there  of  these  men  taken  from  the 
Union  lines  1 

Answer.  I  think  there  were  twenty-one,  possibly  more. 

Question.  How  many  executions  did  you  attend  ? 

Answer.  I  was  present  at  only  two  executions.  In  the  first,  two  were  hung  ; 
in  the  next,  five  were  hung. 

Question.  Who  was  in  command  at  that  time,  and  who  issued  the  orders  for 
the  execution  of  these  men  1 

Answer.  Major  General  Gr.  E.  Pickett  commanded  the  department  of  East 
North  Carolina  at  that  time.  I  cannot  say  positively  who  issued  orders  for  the 
execution  of  these  men,  but  I  presume  General  Pickett  ordered  it,  as  he,  being 
commandant,  was  the  only  person  who  possibly  had  authority  so  to  do  in  the 
department  of  East  North  Carolina. 

Question.  What  did  your  brigade  or  its  commander  do  in  the  matter  of  the 
execution  of  these  alleged  deserters  ] 

Answer.  Our  troops  were  present  under  command  of  Colonel  Mercer — I  mean 
General  Hoke's  brigade — at  those  which  I  was  present ;  I  think  they  were  present 
at  the  other  executions,  but  did  not  see  them  there. 

Question.  Where  was  General  R.  F.  Hoke  at  these  executions? 

Answer.  I  can't  possibly  say ;  about  that  time  he  was  getting  up  an  expedi- 
tion. I  think  he  was  present  at  the  first  execution,  in  command  of  his  brigade ; 
Colonel  Mercer  commanded  at  the  others  and  not  at  the  first. 

Question.  Who  ordered  your  brigade  out  on  these  occasions  ? 

Answer.  I  could  not  say,  but  think  it  was  optional  with  the  general  to  take 
his  brigade  there.  I  do  not  think  he  had  any  orders,  but  presume  he  asked  per- 
mission of  General  Pickett  to  take  his  brigade  out ;  at  the  first  execution  com- 
pany B,  10th  North  Carolina  artillery,  was  present,  to  which  the  two  men  hung 
belonged. 

Question.  What  other  troops  were  present  at  those  executions  1 

Answer.  No  other  troops  were  present  at  those  executions,  except  at  one  time 
Colonel  Whitford's  regiment ;  other  troops  came  there,  but  merely  as  spectators, 
and  not  as  organized  troops. 

Question.  If  General  Hoke  had  not  asked  permission  to  take  his  brigade  out, 
would  orders  have  been  given  for  the  presence  of  troops  ] 

Answer.  Yes,  sir ;  troops  would  have  been  ordered  out,  as  they  are  always  pres- 
ent at  executions. 

Question.  Who  hung  these  men  1 

Answer.  There  was  an  officer  and  guard  detailed  to  superintend  the  hanging. 

Question.  How  many  of  the  men  hung  were  tried  by  court-martial  % 

Answer.  I  do  not  know,  sir,  as  to  any. 


74  MURDER    OF   UNION    SOLDIERS    IN   NORTH    CAROLINA. 

Question.  Where  or  to  what  authority  did  the  proceedings  of  court-martials 
in  the  case  of  any  of  these  men  go  to,  provided  they  were  tried  by  court-martial  ? 

Answer.  The  proceedings  were,  of  course,  forwarded  to  the  commandant  or- 
dering the  court.  In  our  brigade  we  had  a  "special  order"  book  in  which  court- 
martial  proceedings  were  copied  of  men  tried  from  our  brigade ;  I  tried  to  look 
it  up  the  day  I  received  my  summons  to  appear  here,  but  could  not  find  it ;  the 
book  was  lost  at  the  surrender. 

Question.  How  many  of  these  men  executed  were  from  Hoke's  brigade  ? 

Answer.  I  don't  think  any  were. 

Question.  What  regiments  were  then  in  Hoke's  brigade  ? 

Answer.  6th  North  Carolina,  57th  North  Carolina,  5-ith  North  Carolina,  21st 
North  Carolina,  and  21st  Georgia,  and  43d  North  Carolina  temporarily  attached. 

Question.  To  what  brigade  or  under  whose  immediate  command  was  Nether- 
cutt's  battalion,  or  the  66th  North  Carolina  regiment  ? 

Answer.  At  that  time  it  was  formed  into  the  66th  cavalry,  A.  D.  More's  regi- 
ment, and  I  presume  was  under  General  Martin  at  Wilmington ;  as  it  was  not 
attached  to  our  command,  I  cannot  say  positively  where  it  was,  but  think  it  was 
at  Wilmington ;  there  shortly  afterwards,  as  we  sent  some  deserters  down  there 
to  it.  v 

Question.  State  whom  General  Palmer,  commanding  Union  forces  at  New- 
bern,  corresponded  with  in  your  army  in  reference  to  the  hanging  of  these  men. 

Answer.  General  Palmer  corresponded  with  General  Pickett;  the  correspond- 
ence was  published  in  the  papers  of  the  State.  General  Hoke  is  very  anxious 
that  this  matter  of  hanging  these  men  should  be  investigated,  which  was  the 
reason  of  my  trying  to  find  the  book,  because,  although  these  men  did  not  be- 
long to  our  brigade,  as  we  were  at  the  execution  it  is  presumed  their  sentences 
were  copied  in  our  special  order  book. 

Question.  Who  read  the  sentence  at  these  executions,  where  your  brigade  at- 
tended ? 

Answer.  I  read  them  once  when  the  five  men  were  hung ;  other  staff  officers 
of  our  brigade  read  at  other  occasions. 

Question.  Do  you  remember,  except  as  to  the  10th  North  Carolina  artillery,  to 
what  regiments  or  commands  any  of  these  men  belonged,  or  by  whose  orders 
those  sentences  were  carried  into  effect  ? 

Answer.  No,  sir ;  I  presume  the  order  for  execution  was  from  General  Pickett. 
I  don't  think  General  Hoke  could  have  issued  these  orders,  as  he  was  a  subor- 
dinate officer. 

Question.  Do  you  know  what  was  the  character  and  enlistment  agreements 
of  the  organizations  composing  the  66th  North  Carolina  regiment? 

Answer.  No,  sir,  I  do  not ;  we  were  brigaded  at  that  time,  and  knew  but  little 
of  outside  organizations.  They  were  afterwards  in  our  division,  but  never  saw 
them  until  carried  to  Virginia. 

Question.  Where  were  you  the  day  thirteen  men  were  executed  ? 

Answer.  I  staid  in  my  quarters  then. 

Question.  Did  you  ever  talk  with  these  men  of  the  66th  as  to  the  way  they 
came  into  service? 

Answer.  No,  sir,  not  directly;  they  were  organized  and  did  duty  around  their 
homes,  where  they  were  of  no  use,  and  when  ordered  to  form  the  66th,  many 
of  Nethercutt's  battalion  went  to  their  homes  between  the  lines.  General 
Pickett,  I  think,  issued  a  proclamation  telling  these  men  that  they  had  done 
wrong,  and  if  they  came  in  and  surrendered  themselves  they  would  be  let  off 
without  punishment.  Many  did  come  in  by  squads  and  were  furnished  trans- 
portation to  Wilmington  to  their  regiments. 

Question.  Did  those  men  who  were  hung  desert  before  the  organization  of 
the  66th  North  Carolina,  or  afterwards  ? 

Answer.  I  do  not  know. 


MURDER   OF   UNION    SOLDIERS   IN   NORTH    CAROLINA.  75 

Question.  Who  composed  General  Hoke's  staff  at  that  time  1 
Answer.  James  M.  Adams,  captain  and  assistant  adjutant  general,  living  now 
near  Lincolnton,  North  Carolina  ;  John  Cooper,  captain  and  assistant  inspector 
general,  Statesville,  North  Carolina;  myself,  as  aide-de-camp;  Thomas   Grier, 
lieutenant  and  ordnance  officer,  Charlotte,  North  Carolina. 

Twelfth  witness,  William  Gaston  Lewis,  sworn :  Aged  30 ;  reside  in  Charlotte, 
North  Carolina. 

Question.  What  was  your  occupation  in  the  early  part  of  1864? 

Answer.  Lieutenant  colonel,  commanding  43d  North  Carolina  regiment. 

Question.  Where  were  you  stationed  in  February  and  March  ? 

Answer.  At  Kinston  and  below  there.  I  left  Kinston  on  thirty  days'  leave 
about  March  11. 

Question.  State  what  you  know  of  the  execution  in  these  months  of  certain 
alleged  deserters  from  the  rebel  army  who  were  captured  from  the  Union  forces. 

Answer.  I  was  absent  when  a  portion  were  executed,  and  at  the  other  times 
was  on  detached  service,  cleaning  out  obstructions  from  the  Neuse  river. 

Question.  Who  were  on  the  court-martial  that  tried  these  men  ? 

Answer.  I  do  not  know. 

Question.  State  what  regiment  they  belonged  to. 

Answer.  I  do  not  know. 

Question.  Who  was  in  command  at  Kinston  then,  and  who  issued  orders  for 
their  execution  ? 

Answer.  General  Pickett  was  in  command  at  the  expedition  when  they  were 
captured.  I  was  on  detached  service  by  order  of  General  Hoke,  in  whose  bri- 
gade I  was.  General  Hoke,  I  think,  reported  to  General  Lee  direct,  but  was  un- 
der General  Pickett's  orders  on  that  expedition.  The  thing  seemed  somewhat 
mixed. 

Question.  Who  gave  you  leave  of  absence  ? 

Answer.  No  one;  General  Hoke  said  he  could  not  give  me  one  as  he  would 
have  to  go  to  Brigadier  General  M.  D.  Corse,  and  General  Corse  did  not  seem  in- 
clined to  grant  such ;  on  the  contrary,  General  Hoke  gave  me  an  order  to  go  to 
Tarborough  on  special  duty,  under  which  I  went  home.  The  day  after  I  left  an 
order  came  from  General  Corse  to  my  quarters  detailing  me  on  a  court-martial 
to  try  Colonel  Baker. 

Question.  To  whom  did  the  court-martial  proceedings  have  to  go  in  capital 
cases  involving  death  during  that  time  at  Kinston  ? 

Answer.  To  the  commander  of  the  department,  Major  General  Pickett. 

Question.  Would  the  hanging  of  those  men  at  Kinston  without  his  approval 
or  order  have  been  a  violation  of  the  rules  of  war  ? 

Answer.  We  did  not  confine  ourselves  to  regulations  as  strictly  as  in  the 
United  States  service.  Our  commanders  in  departments  or  armies  frequently 
changed  the  articles  of  war  and  regulations  by  their  orders. 

Question.  What  military  authority  in  the  so-called  confederate  armies  had  the 
power  of  executing  the  sentence  of  death  awarded  by  courts-martial  on  any 
person  ? 

Answer.  I  think  only  the  commander  of  an  army  or  department.  These 
were  frequently  suspended  by  order  of  armies  and  departments,  and  it  was  mat- 
ter of  remark  in  our  army  that  they  were  almost  a  dead  letter. 

Question.  Do  you  remember  of  any  correspondence  between  General  Palmer 
at  Newbern  and  Major  General  Pickett,  in  reference  to  the  hanging  of  these  men? 

Answer.  Yes,  sir ;  General  Hoke,  when  I  got  back,  showed  me  a  despatch 
from  General  Palmer,  which  he  was  forwarding,  I  think,  to  General  Pickett,  but 
am  not  positive,  threatening  retaliation  if  the  men  captured  from  his  lines  were 
hung. 

Question.  What  was  your  last  capacity  in  the  rebel  army  ? 


76  MURDER    OF    UNION    SOLDIERS    IN   NORTH    CAROLINA. 

Answer.  Brigadier  general  in  the  regular  confederate  army. 

Question.  Do  you  remember  anything  further  in  reference  to  the  hanging  of 
these  men  ] 

Answer.  No,  sir,  I  did  not  see  any  of  them,  by  being  absent  on  detached  ser- 
vice just  at  that  time ;  I  had  no  opportunities  of  knowing,  I  do  not  know,  who 
gave  the  order  for  executing  those  men,  nor  who  were  on  the  court-martial  which 
tried  them. 

Question.  On  that  campaign  did  you  know  or  hear  of  the  summary  execution 
of  any  alleged  deserters  1 

Answer.  No,  sir ;  those  that  were  executed  were  all  tried  by  regular  court- 
martial. 

Court  then  adjourned  until  10  o'clock  a.  m.,  on  March  8,  1866. 

Court  met  on  Thursday,  March  8,  1S66,  10  o'clock  a.  m.  All  the  members 
preseut  except  Lieutenant  Penniman. 

Minutes  and  evidence  taken  at  previous  meeting  read.  Owing  to  absence  of 
witnesses  who  had  been  summoned,  the  board  adjourned  to  9th  instant,  at  10 
o'clock  a.  m. 

March  9,  1S66 — 10  o'clock  a.  m. 

13th.  John  C.  "Washington  appeared  and  was  sworn. 

Question.  State  your  name,  age  and  place  of  residence. 

Answer.  John  C.  Washington;  age,  sixty-four,  and  reside  in  the  county  of 
Lenoir,  near  town  of  Kinston. 

Question.  What  was  your  occupation  and  where  were  you  early  in  the  year 
1864,  in  January,  February,  March,  April  and  May? 

Answer.  I  was  a  planter  and  frequently  at  home  in  Kinston,  though  travelling 
considerably ;  I  think  I  was  at  home  the  whole  of  that  time. 

Question.  What  was  the  reason  of  your  travelling  so  frequently  at  that  time  ? 

Answer.  Simply  for  amusement. 

Question.  State  what  you  know  of  the  capture  from  the  Union  forces  at  that 
time  of  certain  alleged  deserters  from  the  rebel  army. 

Answer.  I  only  know  there  were  a  number  of  persons  brought  to  Kinston, 
and  saw  them  there  and  understood  they  were  captured  near  Newbern.  I  un- 
derstood there  were  two  classes  of  them ;  some  were  deserters  from  our  army, 
who  had  joined  the  federal  army,  and  some  who  had  joined  the  federal  army 
from  below,  between  the  lines,  and  were  not  deserters. 

Question.  Did  you  know  any  of  these  men  ? 

Answer.  It  is  probable  I  did;  one  I  knew  and  conversed  with  him,  named 
Clinton  Cox,  from  my  county.     If  I  heard  their  names  I  might  recall  them. 

Question.  State  fully  what  you  know  of  Clinton  Cox's  capture  ;  what  was 
done  with  him,  and  the  substance  of  your  conversation. 

Answer.  I  went  to  see  Clinton  Cox,  and  had  a  talk  with  him ;  I  feared  he  had 
previously  joined  our  army  and  might  be  hung;  I  asked  him  how  he  came  below 
at  Newbern  ?  He  said  he  had  been  sent  to  Salisbury,  escarjed  from  there  and 
went  down  the  river  and  joined  the  federal  army.  Previous  to  that,  he  said  he 
had  not  joined  the  rebel  army.  He  did  not  state,  to  my  recollection,  why  he 
had  been  sent  to  Salisbury,  and  I  do  not  know  whether  he  had  been  conscripted. 

Question.  Were  any  of  those  men  captured  members  of  Nethercutt's  battalion  ; 
if  so,  state  how  many  1 

Answer.  I  do  not  know;  my  impression  is,  some  of  them  were;  I  knew  Ne- 
thercutt,  but  his  men  were  mostly  from  below. 

Question.  State  whether  Clinton  Cox  was  tried  by  a  court-martial  and  what 
was  done  with  him. 


MUEDER   OF    UNION    SOLDIERS    IN   NORTH    CAROLINA.  77 

Answer.  He  was  said  to  have  been  tried  by  court-martial,  at  Kinston,  and 
then  sent  to  Richmond.     I  think  I  was  away  then. 

Question.  "Who  commanded  at  Kinston  at  that  time  ? 

Answer.  My  impression  is  that  General  Hoke  was  the  commander  there,  but 
General  G.  E.  Pickett  commanded  the  department. 

Question.  State  what  you  know  of  a  court-martial  being  held  there,  for  the 
trial  of  these  captured  men. 

Answer.  I  only  know  it  was  reported  that  a  court-martial  was  held  there, 
but  was  never  in  the  room. 

Question.  Who  were  on  the  court-martial  that  tried  these  men? 

Answer.  I  do  not  know;  possibly  I  heard, but  have  not  the  slightest  recollec- 
tion, 

Question.  How  many  executions  were  there  of  the  captured  men  ? 

Answer.  I  understood  twenty-two  or  twenty-three.  I  was  not  present  at  the 
execution.  I  was  present  on  the  field  when  two  were  to  be  executed,  but  when  the 
rope  was  put  around  their  necks  turned  my  back  and  left. 

Question.  To  whom  did  the  findings  of  the  court,  sentencing  these  men,  go 
for  approval? 

Answer.  I  understood  they  went  to  General  Pickett. 

Question.  State  any  conversation  ever  held  witb  any  officers  of  the  rebel  army 
on  duty  there,  in  reference  to  this  matter. 

Answer.  I  have  no  recollection  of  any.  General  Pickett  was  once  or  twice 
at  my  house;  General  Hoke  frequently,  and  other  officers. 

Question.  Who  issued  orders  for  the  execution  of  these  men? 

Answer.  I  have  no  recollection;  I  presume  General  Pickett  did. 

Question.  Who  had  the  right  to  award  sentence  of  death  on  prisoners  in  the 
so-called  confederate  army  ? 

Answer.  I  do  not  know,  but  presume  the  commanding  officer  of  the  post  or 
department. 

Question.  State  if  any  of  these  men  were  hung  without  trial  by  court-martial. 

Answer.  I  don't  know.  In  the  case  of  this  man  Cox,  he  was  found  not  guilty, 
as  not  having  joined  the  rebel  army. 

Question.  When  you  went  on  the  field  at  the  execution  you  attended,  who 
commanded  the  troops  present,  and  what  troops  were  present? 

Answer.  My  impression  is  General  Hoke's  brigade  was  present,  under  his 
command. 

Question.  Previous  to  putting  the  rope  around  the  neck,  at  the  execution 
you  attended,  state  what  proceedings  were  had  there. 

Answer.  The  troops  were  drawn  out  in  hollow  square,  but  I  was  not  near 
enough  to  hear  any  sentence  or  court-martial  proceedings  read.  I  was  distant 
one  hundred  or  two  hundred  yards. 

Question.  State  whether  there  was  any  conversation  among  the  people  of 
Kinston  as  to  the  justness  of  the  hanging  of  these  men,  and  the  general  opinion. 

Answer.  My  impression  is  that  there  was.  considerable,  but  being  removed 
from  much  intercourse  with  them,  I  cannot  recall  what  it  was. 

Question.  State,  if  you  know,  what  were  the  terms  of  enlistment  of  the  "par- 
tisan rangers,"  or  Nethercutt's  battalion. 

Answer.  I  know  but  little.     I  thought  they  were  rather  a  free  kind  of  troops. 

Question.  Who  were  the  generals  there  at  that  time? 

Answer.  General  Pickett,  General  R.  F.  Hoke,  General  Seth  Barton,  and 
General  Corse. 

Question.  State  whom  you  know  of  those  executed. 

Answer.  Stephen  Jones  is  the  only  one  whose  name  I  am  familiar  with. 

George  W".  Quinn  appeared,  and  was  sworn  as  fourteenth  witness. 
Question.  State  your  name,  age,  and  place  of  residence. 


78  MURDER    OF   UNION    SOLDIERS    IN   NORTH    CAROLINA. 

Answer.  George  W.  Quinn;  twenty-seven  years  old,  and  live  in  Kinston? 
North  Carolina. 

Question.  What  was  your  occupation  in  the  months  of  January,  February, 
March,  April,  and  May,  1864,  and  where  stationed? 

Answer.  I  was  a  soldier  in  the  67th  North  Carolina  regiment,  State  troops, 
and  stationed  at  Kinston. 

Question.  In  what  capacity  were  you  acting? 

Answer.  I  was  acting  as  military  courier  at  headquarters  in  Kinston; 

Question.  What  headquarters? 

Answer.  Headquarters  of  the  post  commander,  Brigadier  General  Seth  Barton. 

Question.  Who  commanded  the  department  of  Eastern  North  Carolina  ? 

Answer.  Major  General  G.  E.  Pickett. 

Question.  What  other  generals  were  there? 

Answer.  General  Corse  of  Virginia,  General  R.  F.  Hoke  of  North  Carolina, 
General  Matt.  Ransom  of  North  Carolina,  General  Barton,  and  General  J.  G. 
Martin. 

Question.  State  fully  what  you  know  in  reference  to  the  capture,  from  the 
Union  lines,  and  execution  of  certain  alleged  deserters  at  Kinston  in  this  period. 

Answer.  I  knew  some  of  those  men  who  were  captured  down  near  Newbern 
from  the  federal  army — Jesse  Summer,  the  two  Freemans,  and  another  whose 
name  I  cannot  recall,  hut  whom  I  knew  before  the  war. 

Question.  To  what  regiments  had  these  men  belonged  ? 

Answer.  Most  of  them,  I  think,  were  from  Nethercutt's  battalion. 

Question.  What  kind  of  an  organization  was  that? 

Answer.  They  were  raised  as  "local  State  troops,"  for  the  defence  of  Eastern 
North  Carolina,  and  when  turned  over  to  be  organized  into  a  regiment,  with 
bridge  guard  companies,  and  called  the  66th  North  Carolina,  many  of  the  men 
deserted  at  the  time  they  were  ordered  away,  and  a  portion  joined  the  federal 
army. 

Question.  Where  do  you  mean  they  were  ordered  to  ? 

Answer.  From  Kinston  to  Wilmington,  where  they  were  ordered  to,  for  the 
purpose  of  being  put  into  this  regiment.  They  mistrusted  what  was  going  to 
happen,  and  so  cleared  out — some  for  their  homes,  and  some  for  the  federal  lines. 

Question.  When  were  they  ordered  to  Wilmington? 

Answer.  About  November,  1S63.     I  was  in  Kinston  at  the  time. 

Question.   Where  was  their  regiment,  the  66th,  when  these  men  were  executed  ? 

Answer.  It  was,  I  think,  at  Wilmington,  and  not  at  Kinston. 

Question.  Were  these  men  tried  by  court-martial  ? 

Answer.  It  was  said  they  were,  but  I  was  never  present. 

Question.  Who  composed  the  court? 

Answer.  It  hink  by  officers  of  General  Pickett's  division,  principally  Virginians. 
I  do  not  know  any  of  their  names ;  I  think  it  is  likely  that  General  Hoke  was 
a  member. 

Question.  State  if  you  were  present  at  any  executions. 

Answer.  No,  sir;  never  to  any. 

Question.  How  many  were  executed. 

Answer.  Two  the  first  time;  five  the  second;  and  thirteen,  I  think,  the  third 
time. 

Question.  Who  issued  the  order  for  the  executions  ? 

Answer.  I  do  not  know. 

Question.  State  if  any  of  these  men  were  executed  without  trial. 

Answer.  I  think  the  first  two  hung  were  executed  without  trial.  They  were 
hung  the  day  after  we  got  back  from  the  Newbern  expedition.  It  took  us  one 
day  to  come  up.  I  think  they  were  of  the  10th  North  Carolina  artillery  origi- 
nally. 

Question.  Who  were  present  at  the  executions  ? 


MURDER   OF   UNION    SOLDIERS    IN   NORTH    CAROLINA.  79 

Answer.  I  don't  know,  but  I  think  General  Barton  issued  an  order  for  all  the 
troops  preseut  to  go.  I  did  not.  I  never  saw  the  prisoners  to  have  any  conver- 
sation with  them. 

Question.  What  was  the  general  opinion  among  the  people  at  Kinston  ? 

Answer.  That  these  men  ought  not  to  have  been  hung.  They  belonged  to 
"  Nethercutt's  battalion,"  and  enlisted,  so  it  was  believed,  on  a  distinct  promise, 
as  several  of  the  men  of  that  battalion  told  me,  that  they  were  never  to  be  sent 
above  the  Wilmington  and  Weldon  railroad,  and  that  their  commander,  Major 
Nethercutt,  made  this  promise;  many  of  the  battalion  did  not  think  it  was  deser- 
tion to  leave  it  and  join  the  federal  army  when  ordered  into  the  66th  ;  the  bat- 
talion was  called,  previous  to  consolidation,  the  8th  North  Carolina  battalion. 
I  tried  several  times  to  go  into  the  prison  to  see  those  I  knew,  but  the  guard 
would  not  let  me,  having  orders  to  that  effect. 

Question.  Recall,  if  possible,  the  names  of  these  men. 

Answer.  I  knew  John  Freeman,  who  was  hung,  also  Jesse  J.  Summerliu,  whom 
I  knew  very  well ;  Andrew  J.  Britton,  of  Nethercutt's  battalion,  as  also  Stephen 
Jones,  same  troops;  Elijah  Kellum  and  Lewis  Freeman,  same  troops.  I  know 
nothing  further  of  the  hanging  and  sentencing  of  these  men. 

The  court  adjourned  to  meet  at  headquarters  department  of  North  Carolina, 
on  March  9,  1866,  at  10  o'clock  a.  m. 

March  9,  1866 — 10  o'clock  a.  m. 

Court  met  pursuant  to  adjournment. 

Present :  First  Lieutenant  and  Adjutant  A.  B.  Gardner,  Second  Lieutenant 
William  K.  Wilcox,  28th  Michigan  volunteers ;  absent,  Lieutenant  Penniman. 

Minutes  and  testimony  of  previous  meeting  read  and  approved. 

Owing  to  absence  of  witnesses  who  had  been  summoned,  court  adjourned  until 
March  10,  1866,  at  10  o'clock  a.  m. 

March  10,  1S66— 10  o'clock  a.  m. 

Court  met  pursuant  to  adjournment,  all  the  members  being  present ;  no  wit- 
nesses being  present,  the  court  adjourned  until  the  16th  instant,  at  10  o'clock  a.  m. 

March  16,  1866 — 10  o'clock  a.  m. 

Court  met  in  pursuance  of  adjournment,  all  the  members  being  present ;  no 
witnesses  being  in  attendance,  the  court  adjourned  until  March  17,  1866,  at  10 
o'clock  a.  m. 

Court  met  on  Saturday,  March  17,  1866,  at  10  o'clock  a.  m. 

15th  witness,  Blunt  King,  appeared,  and  being  duly  sworn,  testified  as  follows: 

Question.  State  your  name,  age,  and  place  of  residence  and  present  occupation. 

Answer.  Blunt  King;  forty-eight  years  of  age  ;  reside  in  Goldsborough,  North 
Carolina,  and  am  assistant  chief  of  police. 

Question.  What  was  your  occupation  and  where  did  you  reside  in  the  months 
of  February,  March,  and  April,  1864  1 

Answer.  I  was  in  Goldsborough,  and  was  a  private  in  the  10th  North  Caro- 
lina infantry,  company  B. 

Question.  State  whether  you  were  in  Kinston  during  those  months. 

Answer.  I  think  I  was,  in  March,  1S64,  at  Kinston  for  one  day  only. 

Question.  What  was  the  occasion  of  your  being  there  1 

Answer.  I  went  down  on  the  first  Newbern  raid  and  stopped  there  coming 
back.  Our  company  wa8  with  a  pontoon  train,  and  was  delayed  there  a  day 
waiting  for  transportation  for  the  pontoons  on  the  railroad. 

Question.  Did  you  have  on  soldier  clothes  then  ? 

Answer.  Only  partially  ;  I  often  had  citizen's  clothes  on. 


80  MURDER    OF    UNION    SOLDIERS    IN   NORTH    CAROLINA. 

Question.  What  was  your  captain's  name  ? 

Answer.  Captain  Daniel  Coggwell,  of  Raleigh. 

Question.  Do  you  recollect  of  seeing  any  prisoners  hung  there  at  Kinston  ? 

Answer.  Yes,  sir. 

Question.  How  did  you  come  to  be  at  the  place  of  hanging  ? 

Answer.  Captain  Adams,  the  adjutant  general  of  Hoke's  staff,  ordered  me 
there.  The  orders  were  to  go  up  to  the  gallows  with  some  ropes ;  and  two 
other  men,  whom  I  don't  remember,  received  similar  orders. 

Question.  When  you  went  to  the  gallows  with  these  ropes,  what  did  you  do? 

Answer.  I  handed  them  to  a  man,  Avho  put  them  over  a  beam  and  tied  them; 
I  was  sitting  playing  cards  on  the  pontoon  boats  at  the  depot ;  we  were  waiting 
for  transportation;  Captain  Adams,  of  General  Hoke's  staff,  came  down  to  the 
depot  and  got  some  ropes  from  the  pontoon  boats,  picking  them  out,  I  think, 
himself,  and  then  said  to  us,  "Who  can  tie  a  good  hangman's  knot;"  some  of 
the  boys  with  whom  I  was  playing  said  I  was  good  at  tying  a  knot;  I 
said  if  General  Pickett  wanted  any  hanging  done  he  had  better  do  it  himself. 
"  What's  that  you  say, "  said  Captain  Adams ;  I  saw  I  was  getting  into 
trouble,  and  said,  "I  could  beat  any  man  playing  seven  up;"  Captain  AJams 
then  said  he  would  send  for  me  in  a  few  minutes,  and  did  so.  The  reason  I 
know  it  was  Captain  Adams,  of  General  Hoke's  staff,  was  because  I  inquired. 

Question.  What  were  the  names  of  those  two  men  you  assisted  in  hanging  ? 

Answer.  Joseph  Haskell  and  David  Jones. 

Question.  How  do  you  come  to  know  their  names? 

Answer.  They  were  in  the  company  I  belonged  to. 

Question.  What  were  they  hung  for  ? 

Answer.  Desertion,  I  think. 

Question.  Were  they  captured  from  the  Union  forces  ?     If  so,  state  where. 

Answer.  They  were  captured  somewhere  near  Batchelor's  creek,  but  I  was 
not  with  the  party  which  captured  them. 

Question.  State  how  you  knew  they  had  previously  been  members  of  your 
company. 

Answer.  Because  they  had  both  fought  in  Fort  Macon,  I  believe,  not  being 
then  a  member  myself;  but  when  I  joined  the  company  they  were  members  of 
it,  wearing  the  rebel  uniform,  and  in  our  company  long  before  they  deserted. 

Question.  State  what  was  done  at  the  execution  of  these  men. 

Answer.  I  was  standing  in  the  end  of  the  wagon  with  the  old  minister ; 
Captain  Adams  was  standing  off  about  ten  feet  from  the  gallows ;  there 
were  three  or  four  other  men,  private  soldiers,  present;  I  think  I  adjusted  the 
rope  about  the  neck  of  one,  but  of  which  I  cannot  remember.  I  think  Captain 
Adams  read  some  orders  before  they  were  hung,  but  what  the  orders  were  I 
don't  remember ;  these  men  were  executed  the  third  day  after  they  were  caught. 

Question.  Where  were  you  when  you  first  saw  these  two  men  who  were  hung  ? 

Answer.  We  were  falling  back ;  I  first  saw  them  in  Dover  about  sunset,  and 
should  not  have  known  them  had  not  my  lieutenant,  Lieutenant  H.  M.  White- 
head, who  resides  near  Newbern,  called  my  attention  to  them.  I  said,  "  Good 
evening,  boys;"  they  said  "Good  evening,  Mr.  King."  That  was  all  I  said, 
and  sat  down  on  a  log  near  the  fire,  where  they  were  standing;  it  was  right  at 
General  Pickett's  headcparters  in  Dover,  North  Carolina.  I  had  gone  up  with 
two  or  three  other  soldiers  to  see  them,  out  of  curiosity.  Before  I  sat  down 
General  G.  E.  Pickett  come  out  of  his  tent,  which  was  a  large  wall  tent,  and 
came  up  within  four  or  five  feet  of  these  prisoners,  and  took  Lieutenant  White- 
head a  little  to  one  side  and  asked  him  about  these  two  men.  I  heard  Lieutenant 
Whitehead  say  they  belonged  to  his  company.  General  Pickett  then  walked 
up  to  the  prisoners  and  said,  "  What  are  you  doing  here ;  where  have  you 
been?"  They  answered  something  which  I  did  not  hear;  General  Pickett  then 
said,  "  God  damn  you,  I  reckon  you  will  hardly  ever  go  back  there  again,  you 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  81 

damned  rascals;  I'll  have  you  shot,  and  all  other  damned  rascals  who  desert." 
Jones  then  said  to  Pickett  "He  did  not  care  a  damn  whether  they  shot  him  then, 
or  what  they  did  with  him."  General  Pickett  then  ordered  him  to  be  takeii 
away  from  his  tent.  General  Corse  and  General  Hoke  were  standing  by  when 
General  Pickett  said  this. 

Question.  Did  you  recognize  any  other  of  the  prisoners  there  1 
Answer.  No,  sir;  I  do  not  think  I  knew  any  others  of  them. 
Question.  What  kind  of  uniforms  did  these  prisoners  have  on  ? 
Answer.  I  think  they  were  dressed  in  blue ;  but  don't  remember  either  at  that 
time  or  when  Jones  and  Haskell  were  hung. 

Question.  State  if  these  men  said  they  belonged  to  the  United  States  forces. 
Answer.  No,  sir;  not  to  my  knowledge. 

Question.  Who  commanded  the  rebel  army  there  at  this  time  when  these  two 
men  were  captured  and  hung  ? 

Answer.  Major  General  Pickett  did. 

Question.  State  whether  you  recollect  one  of  the  men  assisting  at  the  execution 
as  having  a  squint  or  cross-eyes. 
Answer.  No,  sir. 

Question.  What  officers  did  you  see  at  the  execution  of  these  two  men  ? 
Answer.  General  Hoke  was  close  by  with  his  brigade.     I  heard  some  of  the 
boys  say  that  General  Pickett  was  there  as  we  marched  off  after  the  execution, 
but  I  did  not  see  him. 

Question.  Were  you  present  at  the  execution  of  any  of  these  others  ? 
Answer.  No,  sh\ 

Question.  State  whether  you  volunteered  your  services  at  this  execution  or 
was  ordered. 

Answer.  I  did  not  volunteer;  I  was  ordered  by  Captain  Adams,  the  adjutant 
general  of  Hoke.  I  was  vexed  at  being  ordered  on  this  duty,  as  I  was  playing 
cards  at  the  time,  and  so  made  sure  to  find  out  Captain  Adams's  name. 

Question.  State  whether  you  ever  served  in  the  army  previous  to  entering  the 
10th  North  Carolina  rebel  infantry. 

Answer.  I  was  sergeant  in  company  B,  1st  North  Carolina  volunteers,  and 
was  in  Mexico  two  years  during  our  war  there. 

Question.  State  if  you  know  whether  these  two  men  or  any  of  those  captured 
were  tried  by  court-martial. 

Answer.  I  do  not  know  ;  I  never  knew  any  members  of  any  such  court. 
Question.  How  do  you  come  to  think  there  was  any  such  coxirt  1 
Answer.  When  I  was  sitting  on  the  log  at  Dover,  after  the  prisoners  had  been 
taken  away,  General  Pickett  said  :  "  We'll  have  to  have  a  court-martial  on  these 
fellows  pretty  soon,  and  after  some  are  shot  the  rest  will  stop  deserting,"  or 
some  similar  expression.  Then  old  General  Corse  answered,  "The  sooner  the 
better."  My  lieutenant,  Whitehead,  then  nudged  me  with  his  elbow  and  said, "  You 
hear  what  they  are  saying  ?  "  A  moment  after  we  got  up  and  went  away.  I  heard 
General  Pickett  say,  when  within  four  miles  from  Newbern  when  we  went  down 
on  this  march,  "  That  every  God-damned  man  who  didn't  do  his  duty,  or  deserted, 
ought  to  be  shot  or  hung."  He  was  saying  this  to  some  soldier,  but  whether  of 
our  brigade  or  not  I  don't  know.  The  paper  I  hand  you  was  written  for  me, 
and  in  my  presence,  by  H.  M.  Whitehead,  who  was  the  lieutenant  of  my  com- 
pany in  the  10th  North  Carolina,  whom  I  have  been  speaking  about. 

The  court  adjourned  to  the  21st  of  March,  at  10  a.m.,  for  the  purpose  of 
procuring  in  the  niean  time  further  testimony. 

Court  of  Inquiry,  Wednesday,  March  21,  1S66 — 10  o'clock  a.  m. 
Sixteenth  witness,  Drury  Lacy,  was  sworn. 

Question.  State  your  name,  age,  place  of  residence  and  present  occupation- 
Ex.  Doc.  98 6 


82     MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA. 

Answer.  Drury  Lacy;  twenty-six  years  of  age;  reside  in  Raleigh,  North  Caro- 
lina, and  am  in  the  Southern  Express  Company. 

Question.  What  was  your  occupation  in  the  months  of  February,  March,  and 
April,  1864  ? 

Answer.  I  was  adjutant  of  the  43d  North  Carolina  regiment,  in  R.  F.  Hoke's 
brigade,  and  in  April  was  transferred  to  the  same  brigade  staff  as  adjutant  general 
to  General  Lewis,  promoted. 

Question.  Where  were  you  stationed  ? 

Answer.  In  the  neighborhood  of  Kinston,  North  Carolina,  at  that  time. 

Question.  State  to  what  brigade  you  were  attached,  and  who  commanded  all 
the  forces  there  at  that  time  ? 

Answer.  I  was  attached  to  General  R.  F.  Hoke's  brigade,  and  Major  General 
G.  E.  Pickett  commanded  the  department.  Brigadier  General  Corse,  under  him, 
commanded  the  district  in  which  Kinston  was. 

Question.  State  what  you  remember  of  the  capture  from  the  Union  forces  of 
certain  alleged  deserters  from  the  rebel  army,  and  their  execution  at  that  time. 

Answer.  I  know  there  were  about  twenty  or  more  captured  and  hung  at 
different  times  at  Kinston,  though  captured  at  the  same  time  near  Batchelor's  creek. 

Question.  What  regiments  did  those  men  belong  to  in  the  rebel  army  from 
which  they  were  said  to  have  deserted  ? 

Answer.  I  believe  the  10th  North  Carolina  artillery;  others  to  a  battalion 
known  as  "  Nethercutt's  battalion." 

Question.  State  whether  all  these  prisoners  were  tried  by  court-martial  previous 
to  the  execution. 

Answer.  I  believe  they  were. 

Question.   State  who  composed  the  court. 

Answer.  I  do  not  know  the  names  of  any.  There  were  two  courts  sitting  at 
different  times,  composed  principally  of  Virginians,  as  there  were  four  Virginia 
brigades  in  General  Pickett's  division  proper  in  the  department,  and  only  one 
North  Carolina  brigade  there  at  Kinston.  I  know  Lieutenant  Colonel  Lewis 
was  detailed  on  one  of  these  courts,  but  was  away.  Lieutenant  Colonel  Tate, 
of  the  6th  North  Carolina,  was  detailed  on  one  of  these  courts. 

Question.  State  whether  you  were  present  at  any  of  these  executions;  and  if 
so,  which  ones  ? 

Answer.  I  saw  the  first  two  hung,  and  thirteen  at  another  time;  I  may  have 
seen  more,  but  of  these  I  am  certain. 

Question.  State  who  ordered  these  executions. 

Answer.  The  sentences  of  the  court  were  reviewed  by  Major  General  Pickett, 
and  it  was  by  his  order  that  the  execution  took  place.  Captain  Stewart  Sym- 
ington, aide-de-camp  to  General  Pickett,  was  his  acting  assistant  adjutant  general, 
and  the  orders  were  signed,  I  think,  by  him;  General  Pickett's  real  headquarters 
were  at  Petersburg,  Virginia,  where  his  adjutant  general  remained,  which  was 
the  reason  of  the  order  being  signed  by  Captain  Symington. 

Question.  Who  ordered  the  courts-martial  sitting  at  Kinston  during  these 
months  of  1864  ? 

Answer.  I  think  the  court  by  which  these  men  were  tried  was  ordered  by 
General  Pickett.  The  other  courts,  I  believe,  by  the  district  commander,  Gen- 
eral Corse. 

Question.  State  whether  any  of  these  captured  Union  soldiers  were  executed 
in  these  months  at  Kinston  without  trial? 

Answer.  Not  that  I  know  of.     I  am  almost  certain  not. 

Question.  In  case  of  any  necessity  for  a  capital  punishment  or  execution 
during  these  months  at  Kinston,  or  in  eastern  North  Carolina,  who  alone  had  the 
authority  to  order  them'? 

Answer.  General  Pickett.  No  other  general  in  that  department  at  that  time 
had  authority  to  order  any  execution. 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  83 

Question.  State  if  any  officer  in  the  rebel  army  in  North  Carolina  at  that  time 
had  authority  to  order  any  capital  punishment  without  full  and  fair  trial  before 
court-martial. 

Answer.  No,  sir;  no  officer  had. 

Question.  State  whether  these  men,  said  t  >  have  belonged  to  Nethercutt's 
battalion,  and  executed  then  at  Kinston,  were  regularly  in  the  confederate  army. 

Answer.  I  think  they  Avere ;  though  most  of  the  troops  organized  in  the  eastern 
part  of  the  State  of  North  Carolina  were  organized  not  to  go  out  of  the  State, 
but  were  under  confederate  officers,  when  present;  this  battalion  was  one  of  that 
class  of  troops. 

Question.  State  whether  these  men  were  deserters  from  "Nethercutt's  bat- 
talion" or  after  it  was  consolidated  into  the  66th  North  Carolina. 

Answer.  I  do  not  know,  but  think  they  deserted  before  consolidation ;  when 
they  were  executed  the  consolidation  had  taken  place. 

Question.  Who  commanded  the  troops  at  the  execution  you  witnessed  there 
and  what  troops  were  present  ? 

Answer.  At  the  execution  of  the  two  of  the  10th  North  Carolina,  to  which  I 
think  they  belonged,  all  the  troops  who  had  been  on  the  Newbern  expedition 
were  present,  or  at  least  a  large  majority.  I  think  General  Pickett  was  present. 
General  Corse  was  senior  to  General  R.  F.  Hoke,  and  would  have  commanded  if 
General  Pickett  had  not  been  present.  The  execution  Avas  under  the  immediate 
direction  of  General  Hoke,  his  surgeon  being  in  attendance,  and  staff  officers 
reading  the  orders.  At  the  execution  of  the  thirteen,  I  don't  remember  any 
other  troops  present  besides  our  own  or  Hoke's  brigade.  General  Hoke  was  not 
present,  being.  I  think,  on  other  duties.  The  direction  of  the  execution  Avas  in 
charge  of  the  senior  officer  of  the  brigade  present,  and  General  Hoke's  staff  officers 
reading  orders,  &c. 

Question.  Who  were  these  orders  from? 

Answer.  From  Major  General  G.  E.  Pickett.  I  think  I  saAv  nVe  others  hung 
at  one  time,  but  my  impression  is  General  Hoke  Avas  not  present,  except  at  the  first. 
I  am  certain  General  Pickett  ordered  the  first  execution  of  the  two  men,  and  I 
believe  in  each  of  the  others,  though  they  might  have  been  ordered  by  General 
Corse  or  General  Hoke,  but  they  Avould  have  had  no  right  so  to  do,  unless  pro 
tern,  in  command  of  the  department  or  acting  immediately  under  General  Pickett's 
orders. 

Question.  State  Avhy  Hoke's  brigade  AAras  ahvays  selected  for  attendance  at 
these  executions. 

AnsAver.  I  don't  know. 

Question.  State  if  you  recollect  any  correspondence  between  General  Palmer, 
of  the  United  States  forces  at  NeAvbern,  and  any  officer  of  your  army  in  reference 
to  the  hanging  of  these  men. 

Answer.  Not  that  I  remember.  There  Avas  some  discussion  among  the  officers 
as  to  the  number  hung,  though  not  to  any  extent. 

Seventeenth  Avitness,  General  Martin,  sworn. 

Question.  State,  if  you  please,  your  name,  age,  and  place  of  residence. 

Answer.  James  G.  Martin,  forty-four  years  of  age,  and  reside  in  Asheville, 
North  Carolina. 

Question.  What  was  your  occupation  during  the  months  of  February,  March, 
and  April,  1864,  and  Avhere  stationed  ? 

Answer.  I  was  a  brigadier  general  in  the  Confederate  States  army,  and  was 
stationed  in  Wilmington  in  those  months,  and  left  there  latter  part  of  April. 

Question.  What  troops  Avere  in  your  command  there  at  that  time  ? 

Answer.  The  17th  INorth  Carolina,  42d  North  Carolina,  the  50th  North  Caro- 
lina, and  the  66th  North  Carolina  regiments. 


84  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA. 

Question.  State,  if  you  please,  what  the  66th  North  Carolina  was,  and  how 
composed. 

Answer.  It  was  composed  principally  of  two  battalions — one  known  as 
""Wright's  battalion,"  and  the  other  as  '•  Xethercutt's  ;"  they  had  been  in  ser- 
vice as  bridge  guards  or  home  guards,  "local  service;"  they  were  combined  as 
a  regiment  by  an  order.  All  the  men  in  those  local  service  companies  not  sub- 
ject to  conscription  were  to  be  discharged  or  transferred  to  other  local  service 
companies  and  assigned  to  duty  as  post  guards,  &c — that  is,  all  not  of  the  age, 
when  subject  to  conscription.  Those  subject  to  conscription  were  taken  out  of 
these  "local  service"  and  "bridge  guard"  companies  of  "Xethercutt's"  and 
"Wright's  battalion,"  and  put  into  the  66th  North  Carolina  regiment.  These 
"local  service"  and  "bridge  guard"  companies  had  been  organized  before  the 
conscription  law  had  been  enlarged  as  to  the  age  of  those  liable  to  conscription. 

Question.  "Were  these  local  service  and  bridge  guard  companies,  comprising 
"Xethercutt's"  and  "Wright's"  battalions,  in  the  confederate  service  ? 

Answer.  My  impression  is  they  were ;  first  in  the  State  service  and  then  trans- 
ferred to  the  confederate  service. 

Question.  State,  if  you  please,  what  the  terms  of  enlistment  were  in  the  origi- 
nal Xethercutt's  battalion  before  going  into  the  66th. 

Answer.  I  think  they  were  "  local  service"  companies  for  duty  around  Golds- 
borough  and  below ;  all  State  troops  were  liable  under  the  laws  of  the  State  to  go 
to  any  part  of  the  State.  I  think  they  enlisted  to  go  to  any  part  of  the  State, 
though  the  private  understanding  was  that  they  should  be  on  duty  below  Golds- 
borough  and  vicinity.  This  private  understanding  would  not  appear  on  their 
muster-rolls. 

Question.  When  they  were  in  the  confederate  service,  state  whether  they  were 
still  on  duty  as  "Xethercutt's"  battalion  for  local  defence. 

Answer.  Yes,  sir,  they  were,  and  under  confederate  pay;  but  how  long  they 
were  under  confederate  pay  I  am  unable  to  say. 

Question.  State  whether  "Xethercutt's  battalion"  were  transferred  to  confed- 
erate authority  subject  to  original  terms  of  enlistment. 

Answer.  I  dont  recollect;  when  I  was  in  command  at  Kinston,  in  fall  of  1863, 
"Xethercutt's  battalion"  was  there  in  its  original  condition.  My  impression  is, 
they  were  transferred  bodily  to  the  66th  Xorth  Carolina  at  Kinston.  All  the 
men  in  "Xethercutt's  battalion"  were  young  men  and  liable  to  conscription,  and 
were  claimed,  I  think,  by  the  war  department  at  Richmond  for  general  service. 

Question.  State  whether  the  men  of  this  battalion  were  given  their  choice  of 
being  sent  to  the  conscription  camp  or  joining  the  66th  Xorth  Carolina. 

Answer.  Yes,  sir;  all  of  both  battalions  were  allowed  to  go  to  the  conscrip- 
tion camp  or  remain  in  their  organizations  and  enter  the  66th  Xorth  Carolina. 
"Wright's  battalion"  reorganized  and  elected  new  officers. 

Question.  State  whether  the  confederate  authorities  claimed  these  men  in 
"  Xethercutt's  battalion,"  before  they  were  actually  put  into  the  66th  Xorth  Car- 
olina, as  being  enlisted  confederate  soldiers  or  simply  as  Xorth  Carolinians  lia- 
ble to  be  conscripted  under  the  confederate  laws. 

Answer.  My  impression  is,  they  were  in  the  confederate  service  in  Xether- 
cutt's battalion  as  "local  service"  troops.  If  these  men  were  regularly  in  con- 
federate service,  they  were  so  under  the  local  service  law  of  1861.  Xethercutt 
received  authority,  I  believe,  from  the  confederate  authorities  to  organize  these 
local  companies  into  a  battalion  for  "local  service."  Afterwards  new  conscript 
laws  Avere  made  which  would  take  in  most  of  these  men.  To  prevent  disaffection, 
as  these  men  were  organized  for  local  service  in  Xethercutt's  battalion,  the  gov- 
ernment Avould  not  break  their  engagements  with  them,  and  violate  their  terms 
of  enlistment,  and  so  gave  the  men  their  choice  either  to  go  to  the  conscript  camp 
or  into  the  66th. 

Question.  State  if  one  of  the  enlisted  men  in  Xethercutt's  battalion  had  re- 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  85 

fused  to  enter  the  66tli  when  so  offered  by  the  confederate  authorities,  but  had 
left  and  gone  home  instead  of  to  the  conscript  camp,  whether  he  would 
have  violated  the  terms  of  his  enlistment  in  Xethercutt's  battalion. 

Answer.  No,  sir;  not  the  terms  of  enlistment,  but  the  conscript  law  and  the 
orders  under  the  conscript  law,  and  under  those  orders  been  considered  a  deserter. 

Question.  State  who  gave  the  orders  for  the  consolidation  of  Xethercutt's  and 
other  battalions  into  the  66th  Xorth  Carolina,  and  who  executed  the  consolida- 
tion? 

Answer.  I  think  the  orders  came  from  the  war  department  of  the  Confederate 
States,  and  I  executed  them  or  caused  them  to  be  executed.  They  formed  a 
part  of  my  brigade.     I  think  I  recommended  the  consolidation  previously. 

Question.  State  whether  there  was  any  dissatisfaction  expressed  among  the 
men  of  Xethercutt's  battalion  as  to  the  consolidation  into  the  66th  Xorth 
Carolina  regiment. 

Answer.  Yes,  sir,  there  was,  and  the  order  given  was  not  executed  from  that 
dissatisfaction  at  first,  but  subsequently  they  preferred  to  go  into  the  66th 
instead  of  being  sent  to  the  conscript  camp.  At  one  time  Lieutenant  Colonel 
Xethercutt  and  his  men  were  opposed  to  it,  and  then  there  seemed  to  be  a  change 
of  opinion,  but  what  the  cause  of  the  change  was  I  don't  know. 

Question.  What  were  the  expressed  reasons  of  Colonel  Xethercutt's  dissatis- 
faction ? 

Answer.  In  the  several  interviews  I  had  with  him  I  don't  recollect.  I  be- 
lieve it  was  because  I  woidd  not  recommend  him  for  the  colonelcy,  but  of  that  I 
am  not  certain ;  this  came  to  me  through  his  friends.  They  did  not  want  a  regular 
officer  over  them,  as  Colonel  A.  D.  Moore  was,  who  became  commandant  of 
the  66th. 

Question.  State  whether  you  recollect  of  any  desertions  from  Xethercutt's 
battalion  after  the  order  for  consolidation   was  given  and  before  it  was  effected. 

Answer.  There  were  a  few  desertions,  but  the  principal  desertions  took  place 
after  they  were  formed  into  the  66th,  and  when  ordered  to  go  from  Kinston  to 
Wilmington,  Xorth  Carolina.  I  think  they  deserted  then  because  they  did  not 
want  to  leave  home. 

Question.  State  whether  all  those  of  Xethercutt's  battalion  in  the  66th  volun- 
tarily enlisted  therein  or  were  conscripted. 

Answer.  My  impression  is  they  went  io  voluntarily,  rather  than  go  to  the 
conscript  camp.  My  reason  for  this  is  that  when  the  men  were  dissatisfied  they 
generally  came  to  me  as  their  general,  and  none  came  with  this  complaint. 

Question.  State  if  any  of  Xethercutt's  battalion  were  sent  to  the  conscript 
camp  instead  of  to  the  66th. 

Answer.  I  think  none  were  sent  there. 

Question.  State  whether  you  know  of  the  execution  of  any  alleged  deserters 
from  the  confederate  service  at  Kinston  in  February,  March,  and  April,  1864  1 

Answer.  Only  by  hearsay.  I  never  had  any  official  order  or  other  informa- 
tion connected  with  it.  I  was  told  at  the  time  by  some  of  the  officers  of  the 
66th  who  were  of  Xethercutt's  battalion,  that  some  of  their  men  of  Xethercutt's 
battalion  had  been  court-martialled  and  shot  at  Kinston  for  desertion,  but  I  never 
received  any  official  record  or  saw  the  order  approving  proceedings  of  the  court- 
martial.  My  brigade  moved  from  Wilmington  shortly  after,  and  I  never  even 
heard  that  any  information  was  sent  to  me  or  to  the  colonel  of  the  regiment  to 
which  the  men  executed  belonged. 

Question.  State  whether  the  confederate  authorities  in  enforcing  the  conscript 
law  had  authority  to  act  upon  local  service  organizations  or  simply  on  individuals. 

Answer.  Only  on  individuals  in  the  local  service  organizations  whose  age 
and  condition  made  them  liable  to  the  conscript  law. 

Question.  State  whether  in  forming  the  66th  an  oath  upon  mustering  in  was 
taken  by  the  men  of  Xethercutt's  battalion. 


86  MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA 

Answer.  No,  sir;  tliey  simply  signed  the  muster-in  rolls  of  the  6Gth,  which  was 
the  only  formula  ever  used  at  that  period  of  the  war. 

Question.  State,  please,  who  commanded  at  Kinston  in  February,  March,  and 
April,  1864. 

Answer.  I  don't  know. 

The  court  adjourned  until  March  23,  at  10  a.  m  ,  in  order,  if  possible,  to 
procure  the  attendance  of  Colonel  B.  Carter,  supposed  to  have  been  a  member 
of  the  military  court  before  which  the  men  executed  were  tried. 

The  court  met  pursuant  to  adjournment. 

Thursday,  March  23,  1866. 

Eighteenth  witness,  Judge  Battle,  appeared  and  was  sworn. 

Question.  State,  please,  your  name,  place  of  residence,  and  occupation. 

Answer.  My  name  is  W.  H.  Battle,  and  I  reside  in  Chapel  Hill,  North  Caro- 
lina, and  am  one  of  the  judges  of  the  supreme  court  in  the  State  of  North  Caro- 
lina, and  professor  at  law  in  the  university  of  the  State  at  Chapel  Hill. 

Question.  What  was  your  occupation  during  the  year  1864  1 

Answer.  I  was  one  of  the  judges  of  the  supreme  court. 

Question.  State  whether  in  the  latter  part  of  1863  and  early  part  of  1864 
you  heard  and  decided  any  habeas  corpus  cases  at  chambers. 

Answer.  Yes  ;  a  number  at  different  times. 

Question.  State  whether  you  recollect  any  cases  in  which  the  petitioner  claimed 
he  was  falsely  claimed  as  a  confederate  soldier,  when  he  claimed  to  belong  to 
the  "  local  service  ?" 

Answer.  Yes,  sir ;  several  from  Lenoir  county,  and  other  localities,  came  be- 
fore me  claiming  that  they  had  volunteered  for  "local  service,"  and  had  been 
taken  off  into  the  regular  confederate  service  by  General  Hill.  It  was  not  pre- 
tended then  that  tliey  had  been  conscripted  under  a  conscription  law.  These 
petitioners,  in  every  instance,  some  twenty  or  thirty,  I  discharged  on  habeas  cor- 
pus on  the  grounds  that  they  were  subject  to  duty  only  for  the  local  defence 
as  bridge  guards  and  other  local  organizations  in  which  they  had  volunteered 
under  the  confederate  act  of  congress  as  local  confederate  troops.  This  was  in  the 
summer  and  fall  of  1863.  I  thought  it  was  a  very  great  outrage  for  General 
Hill  to  take  them  off.  Afterwards  other  petitions  were  presented  to  me  in  about 
February,  1S64,  when  returns  were  made  that  the  petitioners  were  held  under  the 
confederate  conscription  act  of  January  5  and  February  17, 1864,  which  was  very 
sweeping  in  its  character.  The  petitioners  were  therefore  remanded  into  custody. 
The  act  of  January  5  was  in  reference  only  to  calling  in  those  who  had  sup- 
plied substitutes. 

Question.  Do  you  recollect  any  cases  which  came  before  you  in  the  latter 
part  of  1863,  or  the  early  part  of  1864,  involving  the  legality  of  an  order,  pur- 
porting to  emanate  from  the  war  department  at  Richmond,  transferring  certain 
local  organizations  known  as  "Nethercutt's  battalion  "  or  "partizan  rangers" 
to  the  66th  North  Carolina  ? 

Answer.  My  impression  is  there  were  some  few  cases  of  that  kind  before  me, 
but  I  do  not  think  they  raised  any  question  as  to  the  legality  of  that  order ;  I 
do  not  think  there  were  more  than  two  or  three  before  me.  The  ground  of  their 
objection  to  their  discharge  was  set  forth,  I  think,  in  the  returns  of  their  officers. 

Question.  State  whether  a  record  was  kept  of  these  decisions  ? 

Answer.  Yes,  sir ;  but  they  were  all  transferred  to  the  courts  of  record  in 
order  that  the  clerk  might  tax  the  costs  under  a  section  of  our  revised  code. 

Question.  State  whether  you  ever  had  any  petitions  from  the  66th  North 
Carolina  for  discharge  on  habeas  corpus  1 

Answer.  I  received  some,  but  do  not  recollect  whether  I  ever  received  any 
before  or  after  its  consolidation  as  a  regiment,  or  what  disposition  was  made  of 
them. 


MURDER    OF    UNION    SOLDIERS    IN    NORTH    CAROLINA.  87 

Question.  State  what  you  know  of  the  execution  of  certain  alleged  deserters 
at  Kinston,  in  February,  March,  or  April,  in  the  year  1S64. 

Answer.  I  know  nothing  whatever,  personal  or  official,  except  by  mere  rumor, 
residing,  as  I  did  at  the  time,  far  removed  from  the  theatre  of  active  military 
operations,  in  eastern  North  Carolina. 

Question.  State  whether  you  kuow  as  to  who  commanded  in  those  months 
in  eastern  North  Carolina. 

Answer.  I  do  not  know. 

The  nineteenth  witness,  John  C.  Gorman,  appeared  and  was  sworn. 

Question.  State  your  name,  residence,  and  occupation. 

Answer.  My  name  is  John  C.  Gorman;  I  am  a  printer  by  occupation,  and 
reside  in  Raleigh,  North  Carolina. 

Question.  What  was  your  occupation  in  the  early  part  of  1864. 

Answer.  I  was  captain  2d  North  Carolina  infantry,  on  duty  in  Virginia. 

Question.  State  what  you  know  of  the  executions  of  alleged  deserters  at 
Kinston  in  February,  March  and  April,  1864. 

Answer.  I  know  nothing ;  I  was  at  home  in  Raleigh,  then  on  sick  leave, 
having  been  wounded,  and  went  down  one  day  to  Kinston  for  provisions  for 
my  family,  but  I  know  nothing  of  these  occurrences. 

Colonel  Carter  sworn  as  twentieth  Avitness  : 

Question.  State  your  name,  age,  and  place  of  residence. 

Answer.  David  Miller  Carter  ;  thirty-six  years  of  age,  and  reside  in  the  town 
of  Washington,  Beaufort  county,  North  Carolina,  and  am  a  lawyer. 

Question.  What  was  your  occupation  in  the  months  of  February,  March  and 
April,  1864,  and  where  were  you  stationed  1 

Answer.  I  was  a  colonel  of  cavalry,  assigned  to  duty  as  presiding  judge  of  a 
military  court,  third  corps,  army  of  northern  Virginia,  Confederate  States  ser- 
vice.    I  was  stationed  on  the  southern  bank  of  the  Rapidan  river,  in  Virginia. 

Question.  State  whether  you  were,  during  that  period,  in  the  State  of  North 
Carolina  at  any  time. 

Answer.  No,  sir;  I  was  not.  I  went  to  Virginia  in  June,  1861,  with  the 
4th  North  Carolina  regiment,  and  never  returned  again  until  May,  1S64,  on 
leave  of  absence,  and  in  August  1  resigned  my  commission,  to  enter  the  State 
legislature  to  which  I  have  been  re-elected. 

Question.  State  whether  you  know  anything  connected  with  the  capture  and 
execution  of  certain  alleged  deserters  from  the  rebel  army  at  Kinston? 

Answer.  I  have  no  knowledge,  either  personal  or  official.  I  was  in  Virginia 
at  the  time,  and  derived  the  slight  information  I  did  have  from  the  newspapers, 
in  which  were  published  the  correspondence  between  Major  General  John 
Peck,  commanding  the  United  States  forces  in  North  Carolina,  and  Major  Gen- 
eral G.  E.  Pickett,  commanding  the  confederate  forces  in  eastern  North  Carolina. 
I  have  had  the  reputation  of  having  been  engaged  in  these  transactions,  which 
has  caused  me  great  inconvenience  and  undeserved  obloquy,  which  is  totally 
without  foundation. 

Several  other  witnesses  were  examined,  whose  testimony,  being  entirely  ir- 
relevant, is  herein  omitted. 

We  hereby  certify  that  the  foregoing  testimony  is  correct  as  taken  by  this 
board. 

Dated  Raleigh,  North  Carolina,  March  29,  1S66. 

ASA  BIRD  GARDNER, 
First  Lieut,  and  Adj't  1th  Reg't  V.  R.  C. 

and  President  Board  of  Inquiry. 
GEORGE  H.  PENNIMAN, 
Fust  Lieut.  2Stk  Mick.  Inft'y  Vol.   and  Recorder. 
WM.  R.  WILCOX, 
Second  Lieut.  Co.  K,  2Stk  Mick.  Inft'y  Vols. 


88     MURDER  OF  UNION  SOLDIERS  IN  NORTH  CAROLINA 


Raleigh,  X.  C,  March  30,  1866. 
The  bocird  having  met  and  delibeiated  as  to  the  possibility  of  obtaining  further 
evidence,  decided  to  adjourn  sine  die,  and  accordingly  so  adjourned. 

ASA  BIRD  GARDNER, 
First  Lieut,  and  Adj't  7th  Reg't  V.  R.  C.  and 

President  Board  of  Inquiry. 
GEO.  H.  PEXNIMAN, 
First  Lieut.  28th  Mich.  Vol.  Inft'y  and  Recorder. 
Brevet  Maj.  Gen.  S.  H.  RUGER, 
Commanding  Dep't  of  North  Carolina,  Raleigh,  N.  C. 

List  of  witnesses. 

Page. 

First  witness,  John  B.  Xeatheiy,  A.  A.  G 61 

Second  witness,  Ed.  B.  Freeman,  clerk  supreme  court 63 

Third  witness,  Geo.  Snow,  A.  D.  C 64 

Fourth  witness,  S.  McD.  Tate,  Lieut.  Col.  6th  N.  0   67 

Fifth  witness, Engelhardt,  clerk  State  senate 70 

Sixth  witness,  Oscar  Eastmond,  Col.  1st  Loyal  X.  C.  Vols 70 

Seventh  witness,  Caleb  Gaylord  .    . .    70 

Eighth  witness,  John  Hughes,  Brig.  Q.  M 70 

Ninth  witness,  Jno.  X.  Whitford,  Col.  67th  N.  C 71 

Tenth  witness,  Zebulon  B.  Vance,  ex-governor    72 

Eleventh  witness,  Jno.  G.  Justice,  A.  D.  C 73 

Twelfth  witness,  Wm.  G.  Lewis,  brigadier  general   75 

Thirteenth  witness,  Jno.  C.  Washington,  planter 76 

Fourteenth  witness,  Geo.  W.  Quinn,  mil.  courier 77 

Fifteenth  witness,  Blunt  King,  hangman 79 

Sixteenth  witness,  Drury  Lacy,  Adj't  43d  X.  C 81 

Seventeenth  witness,  James  G.  Martin,  brigadier  general S3 

Eighteenth  witness,  Win.  H.  Battle,  judge  supreme  court S6 

Nineteenth  witness,  John  C.  Gorman,  captain  2d  X.  C 87 

Twentieth  witness,  D.  M.  Carter,  Col.  Cav S7 


Official 


W.  A.  NICHOLS, 

Assistant  Adjutant  General. 


No.  12. 


Headquarters  Department  of  North  Carolina, 

Raleigh,  North  Carolina,  April  17,  1866. 
General:  I  have  the  honor  to  state  that,  in  the  investigation  of  the  facts 
relating  to  certain  alleged  murders  said  to  have  taken  place  at  Kinston,  North 
Carolina,  of  soldiers  of  the  United  States,  by  execution  at  the  hands  of  the  rebels, 
which  I  was  directed  by  indorsement  of  the  Secretary  of  War,  of  date  Decem- 
ber 15,  1865,  to  investigate,  it  is  necessary  to  a  full  knowledge  of  the  matter 
that  the  court-martial  proceedings  had  by  the  rebels  in  the  case  be  examined. 
I  would  therefore  request,  if  the  same  be  among  the  rebel  archives,  that  I  be 
furnished  a  copy  of  the  record  in  the  cases  of  Joseph  L.  Haskett,  David  Jones, 
Mitchell  Busick,  William  Irvine,  Amos  Aymett,  Lewis  Bryan,  John  J.  Brock, 
William  Haddock,  Jesse  J.  Summerlin,  Andrew  J.  Britton,  Lewis  Freeman. 


MURDER   OF   UNION    SOLDIEES   IN   NORTH   CAROLINA.  89 

Calvin  J.  Hoffman,  Stephen  J.  Jones,  Joseph  Brock,  Lewis  Taylor,  Chas, 
Cutherville,  William  H.  Dougherty,  and  Elijah  Kellum,  tried  at  Kinston,  North 
Carolina,  in  the  spring  of  1864,  and  executed  as  deserters  from  the  rebel  army. 
The  rebel  General  Pickett  commanded  the  department  of  east  North  Carolina, 
and  probably  ordered  the  execution. 

Very  respectfully,  your  obedient  servant, 

THOMAS  H.  KUGER, 
Bvt.  Maj.  Gen.  Vols.,  Commanding. 
Bvt.  Maj.  Gen.  E.  D.  Townsend, 

Ass't  Adj't  Gen.  U.  S.  A.,  Washington,  D.  G. 

Respectfully  referred  to  Dr.  Francis  Leiber,  chief  of  the  Bureau  of  Records  and 
Archives,  who  -will  please  inform  this  office  if  the  proceedings  called  for  within 
are  among  the  files  of  rebel  archives. 

W.  A.  NICHOLS, 
Assistant  Adjutant  General. 

Adjutant  General's  Office,  April  21,  1866. 

Respectfully  returned.  The  proceedings  referred  to  are  not  among  the  records 
of  this  office.  Enclosed  are  the  only  papers  that  can  be  found  relating. to  the 
execution. 

G.  NORMAN  LIEBER, 
Bvt.  Lt.  Col.  in  absence  of  chief  A.  S. 
Archive  Office,  Washington,  April  25, 1866. 

Official : 

W.  A.  NICHOLS, 
Assistant  Adjutant  General. 
Ex.  Doc.  98 7 


I 


UNIVERSITY  OF  N.C.  AT  CHAPEL  HILL 


0003272 


920 


FOR  USE  ONLY  IN 
THE  NORTH  CAROLINA  COLLECTION 


